ACF’s 2024 Annual Monitoring Report: Anti-Corruption Institutions are Strongly Influenced by the Political Environment

Download the ACF’s 2024 Annual Monitoring Report here.

The Anti-Corruption Fund Foundation (ACF) has unveiled its annual monitoring report Anti-Corruption Institutions 2024: a “New” Beginning. The report reviews the work of the key public bodies responsible for countering high-level corruption: the Prosecutor’s Office of the Republic of Bulgaria, the Commission for the Counteracting of Corruption (CCC), and the Commission for the Forfeiture of Illegally Acquired Property (CFIAP). The report’s authors are Andrey Yankulov and Daniela Peneva, legal experts at the ACF.

“In 2023, anti-corruption institutions appeared unwilling to investigate high-level corruption. A dramatic change marked the year 2024: after years of lethargy, the institutions abruptly woke up.

New proceedings were initiated, almost exclusively targeting political figures viewed as opponents of Delyan Peevski, the leader of Movement for Rights and Freedoms (MRF) New Beginning.

For example, in 2024, the Prosecutor’s Office initiated ten proceedings against Peevski’s political opponents.

“These cases seem to have taken up almost all of the attention of Bulgaria’s law enforcement institutions, as far as suspected high-level corruption is concerned,” said Andrey Yankulov.

In addition, said Yankulov, the public prosecution’s dependency on the political environment and the fact that proceedings are used for political and media attacks, reduces the effectiveness of its efforts to counteract corruption crimes. This conclusion is supported by the data gathered by the ACF.

Of the 66 cases of suspected high-level corruption analysed by ACF, only one was concluded – with an acquittal. The share of final acquittals has therefore increased to 16 final acquittals versus four final convictions. This fact demonstrates the diminishing ability of the prosecution to successfully complete proceedings.

The development of the proceedings monitored by the ACF shows that the ratio of final convictions to final acquittals is unlikely to change in future, as these proceedings are completed. A continuing trend is the increase in the number of proceedings closed by the public prosecution itself. Out of 39 completed cases, a total of 19 never reached the trial stage.

ACF’s analysis shows the lack of effectiveness of the Commission for the Counteracting of Corruption and the Commission for the Forfeiture of Illegally Acquired Property, which were established in 2023.

 “Despite the institutional reforms, which created these two new anti-corruption bodies, we have not established that any of the issues highlighted in previous monitoring reports have been addressed,” said Daniela Peneva.

In 2024, the new CCC continues to lack new, independent leadership. As a result, this “reformed institution” is still being run by its old leadership. Case law from 2024 confirms that the CCC’s governing body has not been established according to the legal requirements and lacks a mandate. As is evident from ACF’s analysis, the provisions in the new law regarding conflicts of interest have been replicated from the preexisting legal texts, which contain numerous deficiencies.

A review of the decisions issued by the CCC in 2024 demonstrates its low effectiveness in counteracting corruption and identifying conflicts of interest. The commission’s report for 2024 shows that 150 decisions were issued, from which only 24 established conflicts of interest. Furthermore, the CCC conducted 53 incompatibility investigations but found evidence of incompatibility in only six cases. Finally, the decisions issued by the CCC in conflicts of interest proceedings are not subject to judicial review, which makes them final and unchallengeable.

“The Commission applies a formalistic approach without examining the real dependencies, which could undermine the objective exercise of the powers of office. What is evident is a lack of willingness to counteract corrupt behaviour and hold offenders accountable,” said Daniela Peneva.

The Commission for the Forfeiture of Illegally Acquired Property has not yet published information about the results of its proceedings. Instead, it has published online hundreds of court decisions about its proceedings. After reviewing the decisions, ACF has established that 350 proceedings have been completed, out of which 162 were completed with final court decisions. The total value of the claims in these proceedings was more than BGN 221 mln. However, courts dismissed claims worth a total of BGN 211 mln. and ordered CFIAP to pay more than BGN 9 mln. for the costs of the proceedings. CFIAP claims worth a joint BGN 10 mln. have been upheld by courts, with the total value of claims in final court decisions reaching BGN 3 mln.

According to Peneva, the data provided by CFIAP is not exhaustive, and there are proceedings about which no information has been provided.

“The proceedings against banker Tsvetan Vassilev are one telling example. In the course of the trial, CFIAP withdrew its claim for BGN 1.3 bln. It was sentenced, with a final court decision, to pay fees worth BGN 52 mln.,” said Peneva.

The results, achieved by anti-corruption institutions in 2024, again demonstrate that the real picture of high-level corruption in Bulgaria remains hidden.

“While they are supposed to be independent, Bulgaria’s anti-corruption institutions continue to act like appointees of the powerful political forces of the day,” said Boyko Stankushev, director of ACF. “A genuine shift in the behaviour and achievements of anti-corruption institutions is only possible through strengthening the rule of law, which, in turn, can only result from a dramatic change in how public power is exercised.”

The report Anti-Corruption Institutions 2024: a “New” Beginning was prepared with the support of the Konrad Adenauer Stiftung under its Rule of Law Programme for Southeast Europe.

Download the ACF’s 2024 Annual Monitoring Report here.