Report on Progress under the Co-operation and Verification Mechanism in Bulgaria

Why does the Commission issue a report on progress in judicial reform, the fight against corruption and the fight against organised crime in Bulgaria?

Upon accession of Bulgaria on 1 January 2007, certain weaknesses remained in the areas of judicial reform, the fight against corruption and organised crime that could prevent an effective application of EU laws, policies and programmes, and prevent Bulgarians from enjoying their full rights as EU citizens. Therefore, the Commission undertook within the Cooperation and Verification Mechanism to assist Bulgaria to remedy these shortcomings but also to regularly verify progress against six benchmarks set for this purpose. These benchmarks are interlinked and should be seen together as part of a broad reform of the judicial system and the fight against corruption and organised crime for which a long-term political commitment is needed.

How does the Commission report on progress in Bulgaria?

The Commission's reports under the Cooperation and Verification Mechanism (CVM) have been published on a regular basis since 2007. They are the result of careful analysis by the Commission, drawing on inputs from the Bulgarian authorities and civil society, as well as from the Commission services, international organisations, Member States and NGOs. Each Commission report, with its methodology and conclusions, is subsequently discussed and endorsed in conclusions by the Council.

How does the Commission prepare the annual CVM Reports and measure progress?

The Commission organises expert missions to Bulgaria three times per year, one of which includes practitioners (judges, prosecutors) from other Member States, to complement the Commission’s own observations. The missions include meeting key interlocutors in Sofia, as well as other cities to assess how local and regional authorities are performing.

During these missions the Commission consults with a wide range of stakeholders on the ground. The Commission also has an expert in its Representation in Sofia who is responsible for constantly monitoring progress and liaising with stakeholders.

What does today's report say?

Today's report concludes that since the Commission's last report in January 2014, progress has been slow in Bulgaria in terms of addressing judicial reform and making concrete advances on corruption and organised crime.

In a number of areas problems have been acknowledged and solutions are starting to be identified. The current government and the Parliament have taken an important step by adopting a judicial reform strategy setting out directions for future work in a number of areas. These will need to take root for the sustainability of change to be shown.

Key institutions have continued to develop managerial changes which should support the effort to carry reform through into change on the ground. Examples are the Supreme Judicial Council's analysis of workload in courts and prosecution offices and the implementation of the Prosecutor General's reform of the prosecution offices, which are now near to completion.

However, on important issues such as ensuring the random allocation of cases and appointments to important judicial posts, the actions of the responsible national institutions continue to lack the determination needed to inspire confidence. Responses to the well-known problems in the area of corruption and organised crime have remained piecemeal and lacking in overall strategic direction. There are very few cases where high-level cases of corruption or organised crime have been brought to conclusion in court.

The report contains a number of specific recommendations in the areas of independence, accountability and integrity of the judiciary; reform strategies for the judicial system; efficiency of the judicial system; corruption; and organised crime.

What are the next steps?

The Commission considers that Bulgaria now needs to speed up reform and to demonstrate a strong track record in all areas. The next formal report is likely to come in around one year's time in order to allow the time required to assess tangible results. Between now and then, the Commission will monitor progress closely and on a continuous basis with regular missions, as well as frequent dialogue with the Bulgarian authorities and with other Member States.

The Commission believes that the monitoring process of the CVM, the opportunities provided by EU funds and the constructive engagement of the Commission and many Member States continues to be a valuable support to reform in Bulgaria. The Commission invites Bulgaria to accelerate progress on its recommendations on the reform of the judiciary, integrity and the fight against corruption and organised crime.

Do citizens in Bulgaria support the CVM?

We published on Monday 26 January 2015, ahead of the CVM Reports, the results of a Flash Eurobarometer i survey. This survey, conducted in November 2014, shows that a large majority of Bulgarians (78%) want the EU to maintain the CVM process until the country reaches standards comparable with other EU Member States. The survey also shows that 61% of Bulgarians think the EU has had a positive impact on judicial shortcomings and over half believe that is has had a positive impact on organised crime and on corruption.

Does the Commission provide financial support to help with the reforms?

Bulgaria has benefitted from significant sums of EU money to support measures in the justice and home affairs area in both the pre- and post- accession period. Numerous projects and investments have been financed and virtually all the key institutions have been beneficiaries.

Since 2007 €51 million has been made available for this area. The biggest share of the committed funds goes to measures for human resources management and improvement of skills (€27 million) while the rest is equally split between measures related to transparency and effectiveness (€8 million), and e-justice (€16 million).

Some of the key projects financed so far include:

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  E-justice - investigation and development of a unified communication and information system as well as the electronic portal of the judiciary administration; introducing standardised online applications, electronic case management and transfer of documentation among the bodies of the judiciary but also with other relevant public institutions.
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  preparation and implementation of special equipment for videoconferencing as part of the judicial process; developing tools for statistical analyses of the workload in the judiciary; a unified system for filing and handling complaints implemented as an anti-corruption measure.
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  Creating a network of judges - 'coordinators of European Law' - to improve the capacity of the Bulgarian courts to apply EU law.
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  Strengthening the capacity for induction training by consolidating the network of magistrate-mentors; improving the skills of the magistrate-mentors and enhancing the organisation of their work.
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  Strengthening the capacity of the Prosecutor's office of Bulgaria by preparing specialized structures to combat organized crime and related criminal acts; including increased efficiency in the training of prosecutors, and supporting specialized prosecutors' offices by improving their qualification through networking with similar special prosecutors from Member States.

In the new programming period (2014-2020) there will be a dedicated Priority Axis for judiciary-related interventions, with a total budget of over €30 million. The Priority Axis will have three specific objectives:

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  Increased transparency and acceleration of judicial proceedings through structural, procedural and organisational reforms in the judiciary
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  Improved accessibility and accountability of the judiciary through the introduction of e-justice
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  Extension of the scope and improvement of the quality of training in the judicial system

Does the Commission consult the Government on the Report before publication?

The CVM is a completely independent process: the reports are the exclusive responsibility of the Commission. But of course we regularly receive evidence and input from the Bulgarian Government as reforms and legal processes advance, and seek to be as up to date as possible. We also receive input from many other observers and actors in both countries.

When will the CVM Process come to an end?

The end of the CVM will come when the benchmarks are satisfactorily fulfilled. President Juncker has expressed his hope that Bulgaria will continue its reform path and be in a position to exit the programme during the mandate of this Commission.

Where can the report be found?

The report is available on the following website: http://ec.europa.eu/dgs/secretariat_general/cvm/index_en.htm

MEMO/15/3825

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