The Group of States against Corruption (GRECO) 17 January 2020 published  the Second Compliance Report on Bulgaria as part of the Fourth Evaluation Round (Corruption prevention in respect of members of parliament, judges and prosecutors).

The Second Compliance Report assesses the measures taken by the authorities of Bulgaria to implement the pending recommendations issued in the Fourth Round Evaluation Report on Bulgaria covering “Corruption prevention in respect of members of parliament, judges and prosecutors”.

It is recalled that GRECO addressed 19 recommendations to Bulgaria in its Evaluation Report

For example GRECO recommended:
"i) carrying out an independent evaluation of the effectiveness of the system for disclosure and ascertainment of conflicts of interest and of its impact on the prevention and detection of corruption amongst officials most exposed to it, and taking appropriate corrective action. Carrying out an independent evaluation of the impact of the asset disclosure and verification system on the prevention and detection of corruption amongst officials most exposed to it, and taking appropriate corrective action.".

The Bulgarian authorities now report that the Anti-corruption Law was adopted by the National Assembly on 12 January 2018 and entered into force on 23 January 2018. As provided by this law, a single anti-corruption body – the Commission on Countering Corruption and Forfeiture of Unlawfully Acquired Assets  – was established, combining functions of verification of asset declarations and ascertainment of conflicts of interest, and of illegally acquired property of high-level public officials. The authorities clarify that the new Commission has succeeded several previously existing anti-corruption bodies in Bulgaria.

GRECO recommended that, in order to help the Supreme Judicial Council to fully assert its legitimacy and credibility and to strengthen its role as guarantor of the independence of judges, decisions on judges’ appointment, career, attestation and discipline should be taken by a composition of the Council that is made up of a majority of judges elected by their peers.

The authorities reiterate that the structure, the organisation and the powers of the Supreme Judicial Council (SJC), including its division into colleges of judges and prosecutors, were regulated by the Constitution amendments adopted on 16 December 2015. In particular, Constitution provides that the Judges’ College of the SJC consists of 14 members, including the Presidents of the Supreme Court of Cassation and the Supreme Administrative Court, six members directly elected by the judges, and six members elected by the National Assembly.

GRECO recommended that the judicial independence be further strengthened by substantially reducing the five-year term established for judges acquiring life tenure and introducing a distinct methodology for a rigorous and in-depth evaluation of qualifications, integrity, ability and efficiency of a judge for the purpose of acquiring life tenure.

The authorities stress that the five-year term for judges acquiring life tenure is established by of the Constitution, and the Judiciary System Act. The authorities consider that the five-year period for appraisal has a motivating effect on the magistrates to show their professional and moral qualities for a longer period.

GRECO recommended that the application of supplementary remuneration within the judiciary be subject to clear, objective and transparent criteria.

The authorities report that on 22 November 2018 the Supreme Judicial Council adopted new Rules for Determining and Disbursement of Supplementary Remuneration, which establish that supplementary remuneration may be paid for results achieved during the respective year; for results achieved on specific tasks; and based on the level of caseload of the relevant body of the judiciary. Further, the Rules stipulate that the amount of additional remuneration for the results achieved during the year for magistrates, inspectors of the SJC, judicial and prosecutorial assistants and judicial officers is determined by their respective administrative head, taking into account their contribution to the results reported by the relevant judicial authority in the course of the year.

The Second Compliance Report also assesses  another measures taken by the authorities of Bulgaria to implement the pending recommendations.