CONSTITUTION HAS BEEN AMENDED

But has it amended hearts and minds of law enforcement ?

The Bulgarian parliament has voted in September to amend the Constitution in its Judiciary chapter. The amendments marched hurdle-free on all three readings to meet a EU deadline and to reason a favourable EU Commission’s report in November for Bulgaria’s accession progress- as it turned out to be the case.

In substance and as a concept the constitutional amendments are aimed to cut down the untouchable status of magistrates granted to them by the 1991 constitution as a contrast reflex to their political dependency in communist times. I.e. these are constitutional provisions threatening judges and prosecutors with sanctions for professional failures.

The actual effect of the amendments will be tested when the respective Judiciary law is changed accordingly and when the future Supreme judicial council starts using them as weapons against judicial corruption- namely against unreasoned discretion and inaction i.e. whether the cat starts catching mice. There is a legitimate concern that the future-oriented amendments will absolve cases of past judicial corruption and massive graves of failed justice will never be exhumed. Example one of too many : in 1994 Sofia’s water reserves were drained, allegedly used to produce export electricity. Six unforgettable months of misery. No indictment or conviction.

Bulgarian president stated that other constitutional amendments related to the country’s EU accession will be considered AFTER the European constitution is adopted. This comment’s background goes to a number of “linkage issues” that political parties tried to trade for voting the above amendments such as sale of land to foreigners, legislative initiative for the president, reducing the number of MPs, minority rights etc. The EU pressure for immediate adoption of the amendments was the actual political scissors that amputated the linkage bargains from the urgent changes.

Legal profession has also contributed to judiciary crisis by its 1991 law adopted in parallel to Constitution which introduced a registration pattern for admitting to the Bar thus turning the Bar into a dumping ground for some failed politicians, resigned magistrates and policemen or “microwave” graduates from the six new-born law faculties around the country. And Bulgaria has a teaching potential of European standard law professors just for a single law faculty. Logically the “open door policy” of the profession reached the stage of a “no walls policy”.

But the ghost of judicial corruption is still haunting the palace of justice
according to public opinion, EU and US reports. The judiciary deck of the Bulgarian state ship may be independent from the other decks and even from the captain but it is not independent from sinking with the whole ship should water break into the hull through judiciary deck.

The constitutional amendments have only cleaned the wound but crucial surgery and treatment are still to come.

01.12.2003 - Braykov’s Legal Office

Valentin Braykov