Ekaterina Baksanova

This week, it became clear[1] that hundreds of administrative judges received stuffed rabbits upon taking office. Some may say, ‘So what? It is a harmless gesture. However, such an act is not merely infantile. It: on the one hand, takes away from the judge (or at least some of the administrative judges) the human dignity […]

According to the European Court of Human Rights (ECtHR) in the case of Bosev v. Bulgaria the inclusion of rules for judicial recusal and withdrawals in national legislation reflects the legislator’s care “to eliminate any legitimate doubt as to the impartiality of a judge or court and represents an attempt to ensure impartiality by removing the causes of concern in this area”.

The notorious case of a prosecutor who tried to review a court act issued by a judge of the Sofia Regional Court once again raises the question of the functions and status of judges and prosecutors. This issue is of the utmost importance in a country like ours, where the uncontrolled and selective (in the sense of arbitrary) actions of the prosecutor\'s office leave citizens with the impression that prosecutors, not judges, administer justice.

Bulgaria\'s justice deficits have become an invariable part of local political discourse. Often, this leads to numerous statutory changes and rarely to a quality change of the environment.

Last week the Sofia City Prosecutor\'s Office reached new legal heights after indicting prosecutor Konstantin Sulev for an offense concerning their professional conduct because last year he accused Peter Petrov without evidence. If one day Mr. Sulev decides to seek justice for his violated rights and if our state fails to guarantee him effective domestic remedies, he will probably have grounds to do so before the European Court of Human Rights.

Soon it will be 8 years since the last constitutional changes related to the Bulgarian judiciary. As politicians are evidently in a hurry to present us with a Christmas gift in the form of new amendments to the Fundamental Law, perhaps it is a good idea to recall what happened in 2015, highlight the differences with the current situation, and suggest why there is such a lack of enthusiasm for the current initiative.