Support to the improvement of the capacity of the Inspectorate to the Supreme Judicial Council of Bulgaria
FUNDED BY THE STRUCTURAL REFORM SUPPORT SERVICE OF THE EUROPEAN COMMISSION (SRSS) AND THE COUNCIL OF EUROPE
IMPLEMENTED BY THE COUNCIL OF EUROPE, DIVISION FOR LEGAL COOPERATION
IN CO-OPERATION WITH THE INSPECTORATE TO THE SUPREME JUDICIAL COUNCIL OF BULGARIA
National partner - Inspectorate to the Supreme Judicial Council
Responsible for the implementation: Division of Legal Cooperation, Justice and Legal Cooperation Department, Directorate General of Human Rights and Rule of Law, DGI, Council of Europe (CoE)
Funding: The project is funded by the European Commission's Structural Reform Support Service (SRSS).
Duration: 12 months, after signature of the contract: from 2019 - until February 2020.
Project Goals:
- General: Strengthening of the institutional and administrative capacity of the Inspectorate to the Supreme Judicial Council in line with the identified best practices of the EU Member States and the Council of Europe;
- Specific: The administrative capacity of the Inspectorate to the Supreme Judicial Council of Bulgaria to be improved with respect to the identified best practices of the EU Member States.
Target groups of the project:
- Inspectors and experts from the Inspectorate to the Supreme Judicial Council;
- Magistrates - judges, prosecutors and investigating officers;
- Persons seeking protection of their rights before the judiciary;
- Civil society.
The project Support to the improvement of the capacity of the Inspectorate to the Supreme Judicial Council of Bulgaria is performed in implementation of a recommendation from the Progress Report of Bulgaria under the Cooperation and Verification Mechanism from January 2017 and its goal is the implementation of measure 1.3.9 " Building capacity to the Inspectorate to the SJC to watch for systemic pro-corruption factors in the work of the judicial authorities" to achieve strategic goal 1 of the Updated Judicial Reform Strategy - ensuring the independence of the judiciary and other bodies of the judicial system through effective measures against corruption, political and economic pressure and other dependencies. The main objective of the project is to assist the improvement of the effectiveness of integrity checks performed by the ISJC under Chapter Nine, Section Ib of the JSA, in accordance with the identified best practices and standards of the EU / Council of Europe Member States.
For the implementation of the project, study visits to the judicial inspectorates of France and Spain are planned, as well as subsequent exchange of experience through seminars and round tables and the preparation of analytical reports on the activities of the inspectorates of EU Member States and ISJC in respect to the magistrates’ integrity checks.
During the study visits the purpose of inspectors and experts from the ISJC is to have the opportunity to directly study the functions of the judicial inspectorates of these countries, in order to identify good practices and procedures in carrying out inspection activities, to identify mechanisms for adapting the best models of judicial inspections, specifically in the work of the ISJC.
As a result of the project, it is planned to develop and propose measures for adoption of foreign experience and identified best practices of the EU Member States, including through administrative, organizational and, if necessary, legislative changes, which will lead to strengthening the institutional and administrative capacity of ISJC.
Expected results from the realization of the specific goal:
• Carrying out an analysis of the current mechanisms of the integrity checks of magistrates by the Inspectorate to the Supreme Judicial Council of the Republic of Bulgaria;
• Review and evaluation of the best practices of other European judicial systems;
• Review of the prepared analysis and assessment of the need for reforms affecting the activity of the ISJC;
• Preparation of a report on the identified best practices in order to improve the activities of the Inspectorate to the Supreme Judicial Council of the Republic of Bulgaria and development of proposals for improvements, including legislative ones (if necessary).
Activities for realization of the goals:
- Working groups: According to the Project Implementation Methodology, by order of the Chief Inspector of the ISJC, three Working Groups were established, composed of inspectors and experts from the Inspectorate, with the task to prepare the planned reports and participate in the project activities. The working groups also include international experts appointed by the Council of Europe.
- Project launching event: The project started with a round table on July 11, 2019, in Sofia, to present and promote its goals through a broad discussion with the participation of inspectors and experts from ISJC, representatives of the SRSS, EC and the CoE, international experts, senior magistrates, representatives of professional organizations, the Ministry of Justice, the academic community and non-governmental organizations working in the field of judicial reform.
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- Study visits: The examination of the experience and good practices of the EU Member States is carried out through study visits to France and Spain by ISJC inspectors and experts and international experts appointed by the CoE - members of the Working Groups, as a result of which comparative analyzes of the procedures and legislation on inspection activities in the two countries are prepared, in order to make practical use of the best practices and legal opportunities in a national context. The choice of the two EU Member States is determined by their available experience with regard to checks for ethical violations by magistrates and the developed legislation in this area.
> Study visit to the Inspectorate General of Justice of the French Republic: The visit on 23 and 24 October 2019 in the Inspectorate General of Justice at the French Ministry of Justice included meetings of inspectors and experts from the ISJC and an international expert, with the Chief Inspector, head of the Department of Deontology / Ethical Conduct of Judges / and with inspectors from the French Inspectorate, on issues related to ethical conduct of magistrates, deontological inspections carried out and the submission of declarations of interest. The discussions helped to clarify issues and practices in the conduct of court inspections, ethical inspections and the disciplinary liability of magistrates, with an emphasis on the prevention of the identification and counteraction of violations of the rules of integrity and ethical conduct. A report on the powers of the Inspectorate General of Justice of France has been prepared by an international expert - "Overview of the integrity checks in the French justice system".
> Study visit to the Inspection Service of the Kingdom of Spain: The visit on 30.10.2019 of ISJC inspectors and experts and an international expert to the Inspection Service of the General Council of the Judicial Power of Spain included meetings with delegated inspectors from the Inspection and Inspection Service, and Public Relations and Disciplinary Affairs Office. The powers of the Spanish inspection service were presented through prepared presentations for the activity, as well as the practices in conducting inspections in the judicial bodies and initiating disciplinary proceedings were discussed. Discussions revealed that Spain has adopted detailed legislation regulating disciplinary offenses committed by magistrates. A report has been prepared by an international expert on the powers of the Inspection Service - "Judicial Inspection and Disciplinary Proceedings in Spain: Support in the fulfillment of Integrity Checks by the Inspectorate of Bulgaria".
- Seminar and round tables: The implementation of each of the stages of the project, its promotion and presentation of the achieved results is carried out through a planned seminar and round tables, with the participation of a wide range of representatives of stakeholders and target groups.
> Seminar for presentation of the results of the working visits: A seminar was held on 19.11.2019 with the participation of inspectors and experts from ISJC, during which the participants in the working groups presented the results of the study visits to France and Spain and discussed the shared practices of the two inspection services. Lecturers of the event were inspectors from ISJC and international experts, participants in the project. The event was also attended by the Deputy Chief Inspector of the General Inspectorate of Justice of France. An international expert presented a report "Comparative analysis of institutions conducting inspections in EU member states".
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The result of the seminar is the increased awareness of the inspectors and experts in the ISJC about the powers of the related inspection services and their exercise, as well as the practical application of the acquired knowledge, including by formulating proposals for legislative changes.
> Round table: At the round table held on 11.12.2019 in Sofia on "Good practices of the Inspectorates of the EU Member States" were presented the powers of the judicial inspectorates of EU Member States and discussed the models of the good practices in the inspection activity, derived on the basis of a comparative analysis of the institutions performing the integrity checks of the magistrates, which can be used and applied in the Bulgarian system. Speakers at the event were international experts and forensic inspectors, who presented the experience of the inspectorates of Italy and Portugal, as well as regulations, inspection practices and disciplinary proceedings from Spain, France and other countries. Participants in the round table were inspectors and experts from the ISJC, magistrates, representatives of the academic community, professional and non-governmental organizations working in the field of judicial reform.
The result of the round table and the in-depth discussion was the increased awareness of a wide range of magistrates and civil society representatives about the activities of the related inspection services, through which their activities are promoted and is provided a comparative view of the powers of the ISJC and their implementation against the background of foreign experience.
> Round table - project wrap up event: The title of the last round table held on 13.02.2020 in Sofia was "Integrity checks review for the Inspectorate to the Supreme Judicial Council of Bulgaria and suggestions for improving the system." The event was attended by inspectors and experts from the ISJC, magistrates, representatives of the academic community and the non-governmental sector, as well as international experts. The reports prepared by the ISJC working groups were presented at the event – “Analysis of the activity of the ISJC regarding the inspections for integrity initiated pursuant to Chapter nine, Section I “b” of the Judiciary System Act " and "The Best Practices of the Member States of the Council of Europe in Relation to Integrity Checks Identified by the ISJC and Proposals for Legislative and Organizational Changes ". Proposals for organizational and legislative changes regarding the activity of ISJC were presented and discussed.
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The result of the round table was the presentation of the reports of the working groups to a broad audience, finding support in the magistrate’s community of the submitted proposals and the development of a final version of proposals for legislative amendments and initiating their implementation.
Results Achieved:
- The implemented activities within the project ensure the accumulation of institutional memory and sustainability after its completion. As a result of the planned events and international meetings, round tables and seminars, ISJC inspectors and experts, as well as a wide range of magistrates and civil society representatives were acquainted with the practices of the judicial inspectorates of Spain, France, Portugal and Italy, as well as other EU and CoE Member States. An Analysis of the ISJC's activities related to integrity checks has been prepared and presented to a wide range of participants. On the basis of this rich direct information, substantiated conclusions have been made about the content and scope of the functions assigned to the ISJC, as well as about the correctness of the direction of improvement of its powers.
- Reports have been prepared by international experts providing information on the overall activities of EU Member States' inspectorates and on the specific activities related to the conduct of integrity checks. The reports can serve as comparative material for finding of good examples and for improving ISJC practices:
- "Overview of the integrity checks in the French justice system";
- “Comparative analysis of the institutions carrying out inspections in the EU member states”.
The most significant result for the activity of the Inspectorate are the analytical reports prepared by the ISJC working groups:
The purpose of the first analysis is to make an objective balance of the activity of ISJC during the period from 01.01.2017 to 31.12.2019 in carrying out the inspections initiated under Chapter Nine, Section Ib of the JSA, to identify good practices, but also the main problems encountered in the activity, and the reasons that led to the reported results to be considered and investigated, and on the bases of the conclusions made, specific measures to be proposed for improvement of the quality and effectiveness of integrity checks.
The second analytical report outlines the good practices identified by the ISJC in relation to integrity checks and proposals for legislative changes concerning the Inspectorate, based on the studied foreign experience. The latter can be conditionally systematized into the following groups:
• Proposals on integrity checks (integrity, independence, conflict of interest and damage to the prestige of the judiciary, regulated in Chapter Nine, Section Ib of the JSA) and proposals related to disciplinary violations in general. Specifically, the regulation of the JSA regarding the disciplinary responsibility of the magistrates can be improved, covering as far as possible all relevant disciplinary violations, to specify and further develop the provisions of Art. 307, para. 3, items 3 and 4 of the JSA disciplinary violations; to indicate which specific violations of the CEBBM should be classified as disciplinary offenses; the possible exclusion of the "integrity" from the group of disciplinary violations under Chapter Nine, Section Ib of the JSA, to regulate as a disciplinary violation the failure of the administrative heads of the courts to provide assistance in connection with the execution of the ISJC powers; to specify the composition of the violations of the integrity of the magistrates;
• Proposals for the establishment of a system for deontological prevention, the implementation of which will allow the prevention of cases of unethical behavior and behavior in conflicts of interest by the representatives of the judiciary. In this regard, it is proposed to provide with addition of Art. 37, para. 9 JSA, an opportunity for judges, prosecutors and investigators to bring before the ethics commissions at the respective college of the SJC issues of ethical nature that concern them, for the purpose of deontological prevention; to be published on the website of the ISJC in a summarized form anonymized cases of violations established by the Inspectorate under Art. 175k JSA; to organize specialized trainings for magistrates in connection with integrity and deontological prevention.
• Proposals in connection with the declarations of assets and interests. The specific changes that are proposed can be implemented with amendments to the JSA by reducing the number of declarations that should be submitted by magistrates. The annual declaration should be canseled and should be regulated the obligation to submit only an introductory declaration, a final declaration and a declaration in case of change of the declared circumstances. It is proposed to be removed the requirement for publication of assets declarations of judges, prosecutors and investigators, as well as to identify the need to implement special software to help collect the necessary information to carry out checks on magistrates' declarations;
• Proposals related to the status of the Inspectorate and of the inspectors in the judiciary. It is proposed the JSA to provide for an order through which the Plenum of the Supreme Court of Cassation, the Plenum of the SAC and the Prosecutor General (after a general meeting of prosecutors and investigators), as well as the professional organizations of judges, prosecutors and investigating magistrates to nominate candidates for inspectors.
In accordance with the constitutional framework regarding the independent budget of the ISJC, although part of the budget of the judiciary, it is necessary to make changes in the JSA to ensure the independence of the control body.
The direct result of the prepared project reports will be manifested in the development of a final version of the proposals for legislative changes in the JSA and other normative acts.
The adoption of the changes in the legal framework in the near future will have a real and positive impact both on increasing the institutional capacity of the ISJC and on the entire judicial system, especially if the emphasis is on the regulation of deontological prevention for magistrates in order to comply with the requirements of ethical norms and prevention of cases of behavior in the absence of independence and conflict of interests.
The prepared analyzes and reports of the project are available to all representatives of the target groups through their publication on the ISJC website. This will provide additional value and multiply the effect, increasing the capacity of the ISJC and giving sustainability to the results of the project after its completion.