ACF with five specific proposals for constitutional amendments at the discussion with President Radev

Denitsa Rukanova and Atanas Slavov of the Anti-Corruption Fund Foundation’s legal team took part in the second meeting in the series of consultations on the need for constitutional reform, initiated by the President of the Republic of Bulgaria Rumen Radev.

The ACF expressed its principled support for the ideas of constitutional amendments in the areas of citizens’ rights protection, reform of the Supreme Judicial Council’s structure, and introduction of procedures for the Prosecutor General’s accountability.

The ACF also set out its five specific proposals for changes:

– Introducing an individual constitutional complaint protecting against laws that violate the Constitution. ACF is of the opinion that there should be appropriate filters and grounds for admissibility of the claims, ensuring timely protection without blocking the Constitutional Court activity.

– Ensuring the independence and self-government of the Judges’ College of the Supreme Judicial Council by reducing the parliamentary quota according to the European standards so that judges directly elect most of the judges in the Council.

– Electing the chairmen of the Supreme Court of Cassation and the Supreme Administrative Court by the Judges’ College and not by the Plenum of the Supreme Judicial Council.

– Increasing the parliamentary quota in the Prosecutors’ College to strengthen the accountability and responsibility of the Prosecutor General so that he cannot entirely dominate the decisions of the College. The Minister of Justice might also chair the College instead of the Prosecutor General.

– Enabling the start of proceedings about the liability of the Prosecutor General, including his early dismissal, by members of the Judges’ College. Reducing the needed majority to reach a decision so that prosecutors do not have a blocking quota. Entrusting the members of the Judges’ College and the Inspectorate of the Supreme Judicial Council with the inspection and the establishment of the facts of the violation, so that it is independent of the will of the Prosecutor General and his subordinate prosecutors (or former prosecutors) in the College.

The ACF expressed its readiness to develop a detailed position about its proposals for constitutional reforms.