Overview
This proposal to amend Bulgaria’s Judicial System Act seeks to strengthen safeguards against improper influence, make the exercise of prosecutorial powers traceable, and improve transparency in judicial governance. It proposes judicial review of certain binding prosecutorial orders issued outside formally opened criminal proceedings, together with clearer safeguards for appointments, temporary assignments, performance evaluations, and disciplinary procedures. The proposal forms part of the September 25, 2026 package and is designed to be capable of separate consideration.
Key areas of proposed reform
Safeguards against improper influence
The proposal would introduce express safeguards against pressure through personnel, disciplinary, organizational, and financial powers. It would protect good-faith professional views and reporting of misconduct, provide for secure documentation of attempts to exert influence, and require reasoned consideration of evidence of retaliation.
Random case assignment and traceable prosecutorial oversight
The proposal calls for advance disclosure of criteria for random-assignment pools and verifiable grounds for replacing a prosecutor. Supervisory instructions, objections, and case reassignments would be documented in a unified electronic register that preserves the history of changes and access.
Judicial protection during prosecutorial checks
Certain requests and orders issued outside formally opened criminal proceedings would be subject to review by an administrative court where they directly affect rights and no other specific judicial remedy applies. Additional safeguards would cover proportionality, access to relevant materials, interim judicial relief, confidential consultation with counsel, and the right not to provide self-incriminating explanations.
Transparent personnel decisions and objective evaluations
The proposed measures include reasoned decisions by the Supreme Judicial Council, a record of each member’s vote, and advance rules for evaluating candidates. They also address open selection and time limits for temporary assignments, objective criteria for additional compensation, and performance evaluations without quotas for charges or convictions.
Safeguards for the special mechanism concerning the Prosecutor General
The proposal would set a deadline for appointing prosecutors under the special mechanism, provide judicial review of refusals, and strengthen safeguards for temporary suspension from office. These measures seek to limit obstruction and improper influence while preserving statutory exceptions and criminal and disciplinary accountability.
Effective follow-up to inspections and public accountability
The proposal provides for preservation of relevant documents and electronic records, deadlines and responsible bodies for implementing recommendations, and reasoned responses to reports of disciplinary misconduct. Aggregate public reporting would address the duration of checks, review outcomes, and reassignments, with safeguards for personal data, protected information, and the presumption of innocence.