22 Oktober 2020
LawRules #5: We need to talk about Prosecutors
Public prosecutors decide whether a criminal suspect is investigated. Or not. They decide whether a person is indicted and whether there will be a trial. Or not. If you control them, you can make your opponents' life miserable and let your friends run free. On the other hand: If prosecutors don't have to answer to politics at all, who will hold them accountable? This is what we discuss with these distinguished guests in this week's episode of our Rule of Law podcast. Continue reading >>
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12 September 2020
On Coins, Parallel Universes and the Cooperation and Verification Mechanism
The European Commission seems to inhabit a universe which is too distant from the realities of Bulgaria and Romania, which are the only EU members subjected to the CVM. Even worse, it is currently attempting to sweep the CVM under the carpet of oblivion for no good reason, as seen in Commissioner Vera Jourova’s presentation on the mechanism before the LIBE Committee at the European Parliament on 10 September 2020. The Commission is attempting to persuade concerned citizens and Members of the European Parliament (MEPs) that it would continue the monitoring of these countries under the new Rule of Law Mechanism. It insists that this be an argument to terminate the CVM, but is this justified? Continue reading >>19 August 2020
A Grand National Assembly or Grand Bulgarian Chicanery?
Autocrats have a bag of tricks to control and appease the masses. Bulgaria’s Prime Minister Boyko Borissov plans to pull a long-forgotten constitutional trick out of his bag — the grand national assembly. Continue reading >>10 April 2020
Bulgaria: COVID-19 as an Excuse to Solidify Autocracy?
On 23 March 2020, Bulgaria’s Parliament enacted a Law on the Measures and Actions during the State of Emergency Announced by Parliament on 13 March 2020 (hereby referred to as Law on Emergency for brevity). This was the second attempt to enact this piece of legislation after Bulgaria’s President vetoed some of its provisions. This new Law entered into force retroactively on 13 March 2020 when Parliament declared a state of emergency (izvunredno polojenie) in light of COVID-19. The peculiar situation that Parliament can declare a state of emergency, define its scope and provide guidance on the measures which could be taken later, and apply the law retroactively to justify measures and actions taken by the executive in the period before defining these terms is troublesome from a rule of law perspective. Moreover, some of the measures go beyond healthcare concerns and create opportunities for arbitrariness and human rights violations. B Continue reading >>12 Februar 2020
Kolevi: Bulgaria’s 10-Year Cat-and-Mouse Game with the Council of Europe and the Venice Commission
A cat-and-mouse game perfectly describes Bulgaria’s stubborn refusal to comply with Kolevi v Bulgaria, which requires a reform of Bulgaria’s Prosecutor’s Office, and it has been going on for a decade. The latest trick pulled out of the bag is quite original – Bulgaria’s government essentially asked Bulgaria’s Constitutional Court to clarify if some of the concerns raised by the Venice Commission were reasonable, and this court deemed the question admissible. Continue reading >>24 Oktober 2019
So Why Don’t We Just Call the Whole Rule of Law Thing Off, Then?
Civil society is aware of the dual standards vis-à-vis the rule of law, which emerge when one compares the Commission’s reaction to troublesome developments in Bulgaria to its policies on Poland, Hungary, and Romania. The latest CVM report on Bulgaria not only confirms this, but also leaves the impression that the Commission has given up on Bulgaria’s rule of law. Continue reading >>13 Oktober 2019
How an EU Directive on Access to a Lawyer Became a Weapon for Secret Arrests
Directive 2013/48/EU of 22 October 2013 ‘on the right of access to a lawyer in criminal proceedings’ had an unfortunate fate in Bulgaria. In particular, the transposition is troublesome because the government used the Directive as a pretext to revive a totalitarian practice – secret arrests. Continue reading >>21 Juli 2019
A Judge Born in the USSR
The Sofia City Court which is notorious for its corruption is currently dealing with its latest scandal which involves the citizenship of the court’s President Alexey Trifonov. There are rising concerns that he is not a Bulgarian citizen – holding Bulgarian citizenship, however, is a requirement to serve as a magistrate in Bulgaria. The answer to a question, which appears to be simple at first glance – what is judge Trifonov’s citizenship? – requires the study of USSR and Bulgarian citizenship law applicable in 1972. The issue has already reached Bulgaria’s Supreme Administrative Court and illustrates the deplorable state of Bulgaria’s rule of law. Continue reading >>16 Juni 2019
CVM Here, CVM There: The European Commission in Bulgaria’s Legal Wonderland
On 13 June 2019, Bulgaria’s Minister of Justice Danail Kirilov declared that he would resign unless the Cooperation and Verification Mechanism to which Bulgaria was subjected was lifted before the end of the Juncker Commission’s term. This statement comes in the middle of a highly controversial reform proposed by Kirilov. The reform is one of the key arguments Bulgaria intends to use to persuade the European Commission that the CVM should be terminated this year. Continue reading >>23 April 2019