In the year 2002 the main objective of the Law
Program was to contribute to the development of democratic
institutional and legal environment in Bulgaria. The efforts
focused primarily on promoting the introduction of the Ombudsman
institution on both national and local levels and facilitating
judicial reform through the modernization of the registration
system in the country.
2002 Highlights
- The Law Program experts who initiated the process
of introducing the Ombudsman institution in Bulgaria by developing
a Concept Paper and a Draft Law on the Civic Defender and the Local
Civic Mediators continued to further assist the policy makers in
the process of developing the legal framework for the Ombudsman
institution. Members of the Law Program Task Force actively
participated in all stages of the legislative procedure at the
National Assembly providing numerous comments and recommendations
on the Draft Law on the Ombudsman developed by the Parliamentary
Committee on Human Rights and Religions. In this respect, among the
most significant achievements of the Law Program was the
involvement of foreign Ombudsmen ’s expertise to assist the
elaboration of the Draft.
- Parallel to the drafting process the Law Program
focused on raising public awareness of the necessity of introducing
Ombudsman institution on both national and local level. A wide
public awareness campaign for promoting the Ombudsman institution
was launched, featuring a series of awareness events carried out
throughout the country. The campaign used a combination of various
means including the organization of seminars and workshops,
publication of leaflets and brochures, participation in radio and
TV broadcasts, etc.
- In compliance with the priorities laid down in the
Program for Judicial Reform developed within the framework of
Judicial Reform Initiative the Law Program continued its efforts
towards the introduction of modern registration system in Bulgaria.
The Task Force of experts set up with the Law Program developed a
feasibility study of the opportunities for reforming the system of
official registers in the country, based on comprehensive research
and analysis of the situation in Bulgaria and the best practices
implemented in other countries. The document outlines the necessary
steps for the reform of the registration system. It is aimed at
encouraging a wide public and expert debate in order to develop an
overall concept of the registration reform in Bulgaria.
- Benefiting from the established cooperation with
the Ministry of Justice the CSD Law Program initiated the
elaboration of Judicial Anti-Corruption Program to serve as a
consensus document regarding actions that have to be undertaken to
encourage and develop an anti-corruption judicial reform.
- The Law Program specialists who developed the
Law on Electronic Document and Electronic Signature continued to
provide expert assistance in the process of elaborating the
secondary legislation on the implementation of the Law. The work
was successfully completed in the beginning of 2002 when the three
ordinances were adopted by the Council of Ministers and entered
into force. Thus the legal framework for the use of electronic
documents and electronic signatures, whose development was
initiated and assisted by the CSD Law Program, is already in
place.
|
I. Legislative Reform
1. Introducing Ombudsman Institution in
Bulgaria
Since early 1998 the CSD Law Program has been
actively involved in the process of establishing an Ombudsman-type
institution in Bulgaria. As a resultof the CSD-led efforts the need
of such an institution in the country gradually gained the support
of MPs, representatives of the Judiciary and the Executive, the
local authorities, NGOs and the general public. In 2002 the
activities of the CSD Law Program in support of the establishment
of the Ombudsman institution continued in two main directions
–further contribution to the process of developing a legal
framework for the introduction of the Ombudsman in Bulgaria, and
raising public awareness about the institution on both central and
local level.
Draft Law Development Process
On
June 5, 2002, the National Assembly adopted on first reading the
three Draft Laws on the Ombudsman, submitted to the Parliament in
2001 and the beginning of 2002. In compliance with the legislative
procedure the Parliamentary Committee on Human Rights and Religions
was assigned with the task to consolidate the three drafts adopted
on first reading into a single Draft Law. On November 14, 2002, the
Parliamentary Committee approved the prepared unified Draft to be
submitted to the National Assembly for adoption on second reading
in plenary session. |
The CSD Law Program specialists continued to
actively participate in the development of the consolidated Draft
Law by providing expert assistance at the different stages of the
legislative procedure.
- CSD Law Program experts participated in the
sessions of the Legislative Council to the National Assembly, which
was assigned with the task to deliver a statement on the three
drafts submitted to the National Assembly.
- Subsequently, CSD Law Program experts were actively
involved in the work of the joint working group set up by the
Parliamentary Committee on Human Rights and Religions to elaborate
an initial version of the consolidated Draft Law.
- After the elaboration of the consolidated version
by the joint working group CSD Law Program experts continued to
provide assistance during the series of discussions on the draft
held by the Parliamentary Committee on Human Rights and Religions,
and made numerous proposals, some of which were incorporated in the
final version of the draft.
In order to contribute to the adoption of modern and
effective Ombudsman legislation based on established European
standards and the best practices implemented in this area, the CSD
Law Program focused its efforts on engaging foreign expertise to
assist the Parliamentary Committee in the process of preparing the
consolidated Draft Law. The comments and recommendations of the
Parliamentary Ombudsman of Sweden Ms. Kerstin Andre, the Federal
Ombudsmen of Belgium Dr. Herman Wuyts and Mr. Pierre-Yves Monette,
and the Ombudsman of Greece Professor Nikiforos Diamandouros were
presented to the members of the Parliamentary Committee on Human
Rights and Religions.
Public Policy and Awareness Activities for
Promoting the National Ombudsman Institution
The series of public policy events and awareness
activities carried out aimed to popularize the role of the
Ombudsman institution on both central and local level as a new
human rights protection mechanism, and to make both the policy
makers’ community and the general public aware of the advantages of
such an institution.
- A Round Table on Establishing Ombudsman
Institution in Bulgaria (February 28 –March 3, 2002)
brought together experts, judges, lawyers and representatives of
NGOs actively involved in the establishment of the Ombudsman
institution in Bulgaria. The participants analyzed the three Draft
Laws introduced to the National Assembly and the improved Draft Law
on the Civic Defender and the Local Civic Mediators developed by
the CSD Task Force, and got acquainted with the experience of local
ombudsmen operating under different projects.
- As a follow up to the Round Table discussion a
Workshop on the Establishment of Ombudsman Institution in
Bulgaria (March 19, 2002) was held to strengthen the
public-private partnership for adopting the most appropriate
solution regarding the establishment of the Ombudsman institution
in Bulgaria. The workshop was attended by MPs from the
Parliamentary Committees on Legal Issues, and on Human Rights and
Religions, the Sofia Municipality Civic Mediator, members of the
CSD Task Force, NGOs’ representatives.
- The three Draft Laws on the Ombudsman submitted to
the National Assembly were further considered at a Public
Discussion on the Ombudsman Institution in Bulgaria (April
9, 2002), organized jointly by the CSD Law Program, the Union
of Bulgarian Jurists, the Parliamentary Information Center and the
American Bar Association – Central European and Eurasian Law
Initiative (ABA/CEELI). The event took place at the National
Assembly and was attended by representatives of the Legislature,
the Executive and the Judiciary, local mediators, NGOs, and the
media. The discussion aimed to facilitate the reaching of consensus
among the parliamentary forces for the development of a joint
platform on the establishment and legislative regulation of the
Ombudsman institution in Bulgaria. The need of a broad consensus in
support of the Ombudsman institution was underlined by the Minister
of Justice Mr. Anton Stankov. The three Draft Laws on the Ombudsman
were presented by the MPs Mr. Ljuben Kornezov, Ms. Ekaterina
Mihailova and Mr. Emil Koshlukov. The CSD Task Force members Mr.
Borislav Belazelkov, Justice at the Supreme Court of Cassation, and
Dr. Silvy Chernev, Chair of the Court of Arbitration with the
Bulgarian Chamber of Commerce and Industry explained the main
conclusions and recommendations incorporated in the Concept Paper
developed by the CSD Law Program experts. Students from the
Parliamentary Internship Program also contributed to the discussion
by presenting a comparative review of the foreign and international
Ombudsman-related legislation.
- The major event in the series of public policy
activities in 2002 was the International Conference on European
Standards and Ombudsman Institutions in Southeast Europe
(June 6-8, 2002). The event was held jointly with the
Friedrich Ebert Foundation and aimed at assessing the successes and
failures of Ombudsman institutions in the region, strengthening
European standards in their performance and establishing a network
among them in order to exchange information and experience. Among
the distinguished speakers at the conference were: the
Parliamentary Ombudsman of Sweden Ms. Kerstin Andre, the Ombudsman
of Greece Professor Nikiforos Diamandouros, the Federal Ombudsmen
of Belgium Dr. Herman Wuyts and Mr. Pierre-Yves Monette, as well as
Ombudsmen or their representatives from SEE countries (Macedonia,
Albania, Bosnia and Herzegovina, Slovenia, Croatia, Serbia,
Montenegro and Kosovo). Bulgarian and foreign experts and
representatives of all relevant institutions and organizations
contributing to the development of the Bulgarian legal framework
and its implementation also attended the conference and took part
in the discussions. The speakers presented the role of the
Ombudsman institution in overseeing public administration and
protecting civil rights, as well as its potential to exercise
out-of-court control in a democratic society. The conference
focused on the national dimensions of the Ombudsman institution in
European countries, the cooperation among them (both regional and
international) and the possibilities to establish the institution
in Bulgaria.
Participants at the
International Conference “European Standards and Ombudsman
Institutions in Southeast Europe ”
“We have gathered here to explain to the
general public in Bulgaria that the Ombudsman will be a real
defender of human rights, a mediator between the state and the
society, and a guarantee for observing the laws. There are hardly
any traditions related to the Ombudsman institution in Bulgaria so
the responsibility for raising the awareness of what this
institution is and how it will operate lays on us as
representatives of state institutions, on the non-governmental
organizations and the international community. ”
Mr. Anton Stankov, Minister of Justice, in
his opening address at the International Conference “European
Standards and Ombudsman Institutions in Southeast Europe
”
|
Local Awareness
Events
In the beginning of September 2002 the CSD Law
Program launched a series of Information Days for promoting the
Ombudsman institution on local level – an ambitious campaign for
raising public awareness of the Ombudsman institution as a
mechanism for human rights protection both on national and local
level. The Information Days were organized with the assistance of
local authorities and NGOs, and were held both in municipalities
where civic mediators already operate (the cities of Razgrad and
Veliko Turnovo) and in towns where such institutions do not exist
(the cities of Plovdiv, Varna, Smolyan, Lovech and Troyan). The
campaign focused on presenting the experience of already existing
local mediators, and providing a forum for discussion on the
necessity of transparency in the work of the local administration.
The events were attended by representatives of local authorities,
magistrates, non-govern- mental organizations, experts, journalists
and citizens.
In order to further popularize the Ombudsman
institution and to facilitate the Information Days campaign the CSD
Law Program published and distributed leaflets on the Ombudsman
institution describing the nature and types of Ombudsman
institutions, the funda- mental principles in their operation, the
avenues to approach the office of the Ombudsman, the powers and the
scope of activity of the institution.
The Information Days campaign had a large impact on
the local media–radio and TV cable broadcasts, and the press.
Journalists from the local media attended the events and
participated in the discussion. As a result information about the
events was published in local newspapers and interviews were broad-
casted by local radio and TV stations.
- The opportunities for introducing local ombudsman
institutions in Bulgaria were discussed at a Workshop on
Establishment of Ombudsman Type Institution on Local Level in
Bulgaria: Practice and Prospectives (November 20, 2002).
The event was organized jointly with the Friedrich Ebert Foundation
and the National Association of Municipalities in the Republic of
Bulgaria, and was attended by local mediators operating on
municipal level, representatives of local authorities,
non-governmental organi- zations, jurists, university lecturers and
experts. Local mediators from various Bulgarian municipalities
presented the experience gained in the course of their operation.
The participants agreed that the future Law on the Ombudsman should
include special provisions regulating the election of local
mediators. In his statement Mr. Venelin Uzunov, Chairman of the
National Association of Municipalities in the Republic of Bulgaria,
confirmed the support of the Association and its members for the
establishment of public mediators on municipal level. The
participants endorsed a Declaration supporting the legal regulation
of the Ombudsman institution in Bulgaria and its establishment on
municipal level, which was sent to the President of the Republic of
Bulgaria, the Chair of the National Assembly and the Chairs of the
Parliamentary Committees on Legal Issues, on Human Rights and
Religions, on Complaints and Petitions of the Citizens, on Civil
Society Issues, and on Local Self- Government.
“We clearly understand the significant role of the
Ombudsman institution as an additional mechanism for solving
problems related to the lawful operation of the administration. The
power of the Ombudsman to monitor the activities of the
administration would have a strong impact on the transparency in
its work, the prevention and combating of corruption and the
education of the administration. Many years ago a former Deputy
Minister of Justice said that the best school for the
administration was the practice of the administrative courts. I
believe that soon this will refer to the activities of the
Bulgarian Ombudsman as well. ”
Mr. Vladislav Slavov, Chairman of the Supreme
Administrative Court and the Union of Bulgarian Jurists in his
opening address at the workshop “Establishment of Ombudsman Type
Institution on Local Level in Bulgaria. Practice and Prospectives
”
|
“Having in mind the long-established public model of
relations between citizens and institutions in the European
countries; Recognizing the civil society ’s role and significance
for the development of the democratic processes; Determined to
establish democratic relations and active dialogue on all levels of
government:central authori - ties –local self-government –citizens;
State their will and ambition to seek and apply different forms for
implementing democratic government, requiring active civic
participation; Support:
- The speeding up of the legislative process and the
adoption of a Law on the Civic Mediator (Ombudsman), regulating the
statute, general principles, powers, term of office, procedure and
organization of its activity;
- The legal introduction of the Civic Mediator
(Ombudsman)institution on central and local level by assuring the
necessary financial resources through corresponding budgets.
Declaration by the Local Authorities
’representatives – participants at the workshop “Establishment of
Ombudsman Type Institutions on Local Level in Bulgaria. Practice
and Prospectives ”
|
- The debate on establishing local ombudsman
institutions in Bulgaria continued at a Workshop on the Local
Ombudsman (December 14-15, 2002) in Sofia. The event was
organized jointly by the CSD Law Program, the British Council in
Bulgaria and the Sofia Municipality Civic Mediator, and focused
primarily on the mechanisms for establishing Ombudsman institutions
on local level, the activities of and the difficulties met by the
local ombudsmen operating in different municipalities, and the
opportunities for developing their mutual cooperation. The workshop
brought together representatives of local Ombudsman-type
institutions from the whole country as well as lawyers, experts,
representatives of local authorities, non-governmental
organizations, etc. Guest speaker at the workshop was Mr. Peter
McMahon, Deputy Ombudsman of London, who presented the legal
framework of the different Ombudsman-type institu- tions
(specialized and local)in the UK and the activity of the office of
the London Ombudsman. In the course of the discussions the
representatives of local ombudsman institutions decided to
establish a National Association of Local Ombudsmen in Bulgaria in
order to institutionalize the established cooperation between them
and to fur- ther promote the introduction of local ombudsman
institutions in Bulgaria.
At the Workshop on the Local
Ombudsman (from left to right):Dr.Maria Yordanova,Director of
CSD Law Program,Mr.Ian Stewart,Director,British Council in
Bulgaria,Ms.Antoaneta Tsoneva,
Sofia Municipality Civic Mediator,Ms.Lisa McManus,Deputy
Director,British Council in
Bulgaria,Mr.Peter MacMahon,Deputy Ombudsman of London
Publications
In 2002 the CSD Law Program brought out two more
publications related to the introduction of Ombudsman institution
in Bulgaria.
- The brochure Civic Defender and Local Civic
Mediators:Concept Paper and Draft Law (April 2002)consists of both
a Concept Paper and a proposal for a Draft Law for the
establishment of the institutions of the Civic Defender and Local
Civic Mediator in Bulgaria. It is the result of the extended
research carried out by the CSD Law Program during the period 1998
–2002. The Concept Paper and Draft Law reflect the opinions and
recommendations of Bulgarian and foreign experts, politicians and
representatives of state institutions and non-governmental
organizations provided at numerous public discus- sions, meetings
and consultations during this time.
- The brochure European Standards and Ombudsman
Institutions in Southeast Europe (November 2002) presents a summary
of the discussion at the International Conference “Euro- pean
Standards and Ombudsman Institutions in Southeast Europe ”held in
Sofia on June 6-8, 2002.
The brochures were published in both English and
Bulgarian, and were widely distributed among state institutions,
non- governmental organizations, experts, journalists, citizens,
foreign ombudsmen and representatives of foreign and inter-.
national organizations with the objective. to further popularize
the Ombudsman. institution and to contribute to the. process of its
introduction in Bulgaria.
Ombudsman Information Network
Globalization and rapid technological. development
are affecting many aspects. of the lives of the individuals, their.
families and communities. Understanding the effect of these changes
requires. human-rights-sensitive knowledge and. information that
enhance policy making. and stakeholder action. . Having in mind the
great impact of infor-. mation technologies in society the CSD. Law
Program started to develop a webbased Ombudsman Information
Network. (www. anticorruption. bg/ombudsman). to serve as a
permanent and dynamic. virtual workshop producing, exchanging, .
managing and disseminating knowledge, . data and experience on
different issues. and trends related to the Ombudsman. institution.
The network aims at facilitating awareness, advocacy, training and.
education in the field of human rights. protection;collecting
relevant information;and disseminating information and. knowledge
to citizens, public administration and relevant organizations.
2. Developing the Legal Framework. for Electronic
Documents and. Electronic Signatures
During the last few years Bulgaria made.
considerable progress towards the. creation of a favorable legal
environment for the se of electronic documents and electronic
signatures. The. process was initiated in early 1999 by. the CSD
Law Program whose experts developed a Draft Law on Electronic.
Document and Electronic Signature. The Law was adopted by the
National Assembly in March 2001 and entered. into force on October
7, 2001.
Following the adoption of the Law the. CSD Law
Program experts were. involved in a series of training activities.
aimed to raise awareness of the newly. adopted legislation. The
members of the. CSD Task Force participated in a. number of
seminars, workshops and. public discussions, and presented the. Law
before magistrates, representatives. of state institutions, the
legal community, commercial entities and other experts. Parallel to
the training activities. the CSD Law Program experts provided.
assistance with the implementation o. the new Law by advising
institutions. and other organizations on different. issues
concerning the application of the newly adopted provisions.
Drafting Secondary Legislation
Anecessary prerequisite for the effective.
application of the Law on Electronic. Document and Electronic
Signature was. the adoption of the secondary legislation. for its
implementation. The process. started in 2001 and was assigned to
the. State Telecommunications Commission. (transformed later, in
February 2002, into Communications Regulation Commission). The CSD
Law Program experts. who developed the Law on Electronic. Document
and Electronic Signature. actively participated in all stages of
the. drafting process, providing expert. assistance to the State
Telecommunications Commission Working Groups. charged with the task
to elaborate the. secondary legislation. As a result of the.
combined efforts a set of three ordinances was adopted by Council
of. Ministers ’Decree No. 17 of January 31, 2002 (promulgated in
the State Gazette. No. 15 of February 8, 2002)and entered. into
force on February 8, 2002:
- The Ordinance on the Requirements. to the
Algorithms of Advanced. Electronic Signature lays down the.
algorithm requirements through. which the data for advanced.
electronic signature creation are. generated (the cryptographic
key. pairs), and the algorithms through. which the actual
electronic signature. is created (the hash messages, the. private
key and hashed message. combinations, etc). The requirements.
should be observed by every person. performing the activities of
genera-. ting data for advanced electronic. signature creation,
and/or verifying. an advanced electronic signature. The. algorithms
should be secure in the. practice and incorporated in documents in
force (standards, technical. specifications, recommendations,
guides and reports). The Communications Regulation Commission is.
responsible for the publication and. maintenance of a list of
documents in. force, containing the technical. requirements to the
algorithms.
- After the Ordinance on the Procedure. for
Registration of CertificationService-Providers the
Communications Regulation Commission is the. body charged with the
registration of the Certification-Service-Providers, . which issue
universal electronic signature certificates. The CRC supports. a
public register of persons registered and collects fees for the
registration services, determined in the Tariff on. Fees, adopted
pursuant to a Council of. Ministers ’Decree. The ordinance includes
provisions on the necessary. stages of registration procedure, as.
well as amendments and deletion of. the registration.
- The Ordinance on the Activities of. the
Certification-Service-Providers, . the Terms and Procedures of
Termination Thereof, and the Requirements for Provision of
Certification. Services includes provisions on the. general,
personnel and technical. requirements as well as the available.
funds the CSPs have to answer to. provide for certification
services. It. regulates the requirements regarding. the format of
the certificates issued. and the storage of information about. the
services provided. The Regulation. charges the
Certification-ServiceProvider with the obligation to keep. an
Electronic Directory containing the. certificates of X. 500 or LDAP
based. access issued by it, as well as the. certificate of the
Provider ’s electronic. signature, and information under. article
28, paragraph 3 of the Law on. Electronic Document and Electronic.
Signature relating to the security. procedures, the way of using,
storing. and issuing the advanced electronic. signatures, the price
for the services. provided, the liability of the CSP, etc.
Preparing Comments on the Law
The CSD Law Program experts continued their work on
preparing Comments on the Law on Electronic Document and Electronic
Signature, which. will also include an enlarged survey on. the
recent legislative developments in. the field of e-commerce as well
as a. collection of foreign and international. acts, including some
of the newly. adopted instruments. . The work on preparing Comments
on. the Law on Electronic Document and. Electronic Signature
started in 2001. including the CSD Task Force members. Dr. Maria
Yordanova, Director of CSD. Law Program, Dr. Angel Kalaidzhiev, .
Associate Professor, Sofia University. Law Faculty, Dr. Vessela
Stancheva, . Attorney at Law, Justice Borislav. Belazelkov, Supreme
Court of Cassation, . as well as Mr. Georgi Dimitrov, Attorney. at
Law, Dr. Alexander Katzarski, . Associate Professor, Sofia
University. Law Faculty, and Mr. Dimitar Markov, . Project
Coordinator at CSD Law. Program. In the course of the work the CSD
Law Program experts decided to broaden the scope of issues to be
reviewed in the edition and to include more topics related to the
legal regulation of information technologies such as the criminal
aspects of computer crimes and the issues of international taxation
of e-commerce.
During the year 2002 a series of working meetings of
the CSD Law Program experts were held to discuss and share comments
and recommendations on the materials prepared. As a result a draft
version of the comments was elaborated and circulated among the
experts for additional notes and remarks.
3. Continuing Legislative Reform
Activities
In 2002 the CSD Law Program continued its efforts
towards promoting the principle of public-private partnership in
the process of developing new legislation. The initiative aimed to
improve the quality of the newly developed laws and regulations,
and to increase the transparency of the legislative process. As a
result, a series of public discussions on proposed new draft laws
were organized, which brought together policy makers, state
officials, experts, representatives of NGOs and the business
community.
- A Public Discussion on the Draft Law on Measures
against Financing of Terrorism (May 14, 2002) brought
together MPs, representatives of the Executive, magistrates,
experts, representatives of banking and financial institutions,
foreign diplomatic missions, foreign and international
organizations, non-governmental organizations, and the media. The
event was organized jointly by the CSD Law Program and the Atlantic
Club of Bulgaria. The Draft Law, developed by a Working Group with
the Ministry of Interior and the Ministry of Justice, was presented
by the Minister of Interior Professor Georgi Petkanov and the
Deputy Minister of Justice Ms. Miglena Tacheva. Mr. Ian Soutar,
United Kingdom ’s Ambassador to Bulgaria, Mr. Vladislav Slavov,
Chairman of the Supreme Administrative Court, Mr. Boyko Kotsev,
Deputy Minister of Interior, Dr. Vassil Kirov, Director of
Financial Intelligence Bureau, Mr. Oleg Nedialkov, CED of Bulgaria
Invest Bank and Mr. Svilen Mechev, Head of the Department for
Combating Money Laundering at Municipality Bank made valuable
comments on the Draft.
Discussion on the Draft Law on Measures against Financing of
Terrorism (from left to right):
Ms.Miglena Tacheva,Deputy Minister of Justice,Dr.Maria
Yordanova,Director of Law Program,
CSD,Professor Ljubomir Ivanov,Chair of the Board of the Atlantic
Club,
Professor Georgi Petkanov,Minister of Interior
- A Round Table Discussion on the Draft Law on
Forfeiture to the State of Any Property Acquired by Criminal
Activity (September 10, 2002) provided government
officials, MPs, magistrates, diplomats and journalists with the
opportunity to discuss the legal regulation of forfeiture in
Bulgaria. The Draft Law was presented by the Minister of Interior
Professor Georgi Petkanov. Ms. Karen Kramer, Resident Legal Advisor
at the U. S. Embassy, made a review of the U. S. legislation on
civil and criminal forfeiture and expressed her support to the
Draft Law proposed by the Ministry of Interior. In their statements
Mr. Bozhidar Bozhinov, Chairman of the Bulgarian Chamber of
Commerce and Industry, Mr. Vassil gence Bureau, Mr. Rumen Georgiev,
Deputy Director of the National Investigation Service, and Mr. Gati
Al-Dzheburi, First Deputy Minister of Finance made some critical
remarks and provided numerous recommen- dations to the Draft.
- Due to the continued public debate on in the issue
of forfeiture a second Round Table Discussion on the Draft
Law (October 1, 2002) was held featuring a special
presentation by Ms. Susan Smith, Senior Trial Attorney at the Asset
Forfeiture and Money Laundering Section in the Criminal Division of
the U. S. Department of Justice. Ms. Smith made a review of the
history and development of asset forfeiture in the United States
and described the rather complex legislation in this area.
- Aimed at facilitating the ongoing process of
improving the legal framework for political parties in Bulgaria the
CSD Law Program jointly with the National Democratic Institute and
the American Bar Association – Central European and Eurasian Law
Initiative (ABA/CEELI)organized a Public Discussion on Political
Parties Financing . The event brought together MPs, experts,
representatives of non-governmental organizations, foreign and
international institutions and journalists. The MPs from Coalition
for Bulgaria Mr. Boyko Radoev and Mr. Nikolay Kamov presented the
Draft Law on Political Parties submitted by them to the National
Assembly. Mr. Emil Koshlukov, MP from the National Movement Simeon
II, outlined the main principles of the Draft Law on Political
Parties which is currently being developed by MPs from the r ling
majority. Mr. Michael Farnworth, Resident Director of the National
Democratic Institute, briefed experience with political parties ’
financing and outlined some of the best practices implemented in
Canada, which could be successfully introduced in Bulgaria as well.
In the course of the discussion the participants agreed on the
necessity of increasing the control over political parties
’financing by both the state and the society. Among the other
issues discussed special attention was paid to the necessity of
banning anonymous donations and donations by state or
municipality-owned legal entities to political parties, permitting
the parties to perform commercial activities in certain cases
specified by the law, and improving the mechanism for determining
the amount of state subsidies for political parties.
II. Judicial Reform
During 2002 judicial reform remained an issue of
utmost importance. As a Secretariat of the Judicial Reform
Initiative (JRI)–a joint initiative of leading Bulgarian NGOs and
representatives of the Legislature, the Executive and the Judiciary
(www. csd. bg/jri)–the CSD Law Program focused its efforts on
facilitating the implementation of the priorities laid down in the
Strategy in order to Reform the Judiciary in Bulgaria. The
Strategy, adopted by the Government in October 2001, incorporated
and further improved many of the recommendations formulated by the
Program for Judicial Reform (PJR)developed within the framework of
JRI and endorsed by a Policy Forum in May 2000.
1. Reforming the Legal Basis of the
Judiciary
A Public Discussion on the Draft Law on
Amendments to the Law on the Judiciary (January 31,
2002)was held jointly by the CSD Law Program and the American
Bar Association –Central European and Eurasian Law Initiative
(ABA/CEELI). The draft amendments to the Law on the Judiciary
elaborated by a Task Force with the Ministry of Justice were
presented by the Deputy Minister of Justice Mr. Sevdalin Bozhikov.
In the course of the discussion Ms. Nelly Koutzkova, Chair of the
Sofia District Court and Member of the Supreme Judicial Council,
and Ms. Kapka Kostova, Chair of the Sofia Regional Court and the
Association of Judges in Bulgaria, expressed their opinion on the
draft amendments. Ms. Kostova presented the official statement of
the Association of Judges in Bulgaria, which incorporated concrete
suggestions and recommendations. Mr. Roumen Georgiev, Deputy
Director of the National Investigation Service, introduced the
position of the Chamber of Investigators. Dr. Maria Yordanova,
Director of the CSD Law Program and JRI Coordinator, underlined the
important role of the JRI for the development of judicial reform in
Bulgaria. In the course of the discussion MPs, magistrates and law
professors expressed their opinions and made various
recommendations on the Draft.
2. Registration System
Reform
In the beginning of 2002 the CSD Law Program started
exploring the opportunities for reforming the system of official
registries in Bulgaria. The shortcomings of the present
registration system have often been pointed out by the business
community as an obstacle to the growth of business and a source of
corruption. The reform of the registration system would increase
its efficiency and would minimize the unregulated practices
accompanying registration and obtaining information. The overcoming
of the dismal state of official registers in Bulgaria is also
believed to have far-reaching anticorruption effects.
In April 2002 the CSD Law Program launched a project
with the objective to develop a feasibility study of the
opportunities for reforming the registration system in Bulgaria. A
Task Force was formed consisting of lawyers experienced in
commercial law, and in the field of information technologies and
their legal regulation who analyzed the existing situation in
Bulgaria and the international experience in the field of
development and operation of modern centralized electronic
registration systems. The project was implemented in close
cooperation with the Minister of Justice who expressed his support
to the initiative.
- A Bulgarian delegation made a study visit to Norway
(August 4-8, 2002) with the purpose to examine the Norwegian
experience with the development of modern registration systems.
Members of the delegation were the Minister of Justice Mr. Anton
Stankov and the CSD Task Force members Dr. Maria Yordanova,
Director of the CSD Law Program, Dr. Silvy Chernev, Chair of the
Court of Arbitration with the Bulgarian Chamber of Commerce and
Industry, Mr. Borislav Belazelkov, Justice at the Supreme Court of
Cassation, and Mr. Dimitar Markov, Project Coordinator of the CSD
Law Program. The members of the delegation visited Norway Registers
Development (NRD)and were provided with information on the legal
basis for registers of legal entities, the NRD ’s approach to
building a register, and the content and possible sage of
application framework. The delegation also visited the Bronnoysund
Register Centre (BRC)where the participants got acquainted with the
operation of the different registers maintained by the BRC and had
useful meetings with BRC senior officers.
During the meeting at NRD (from
left to right):(sitting)Mr.Ulf Ertzaas,Senior Legal Advisor,
NRD,Mr.Borislav Belazelkov,Justice,Supreme Court of
Cassation,Dr.Maria Yordanova,Director,
CSD Law Program,Mr.Anton Stankov,Minister of Justice,Mr.Jon
Schjelderup Olaisen,
Managing Director,NRD,(standing)Dr.Silvy Chernev,Chair of the
Court of Arbitration with
the Bulgarian Chamber of Commerce and Industry and Mr.Jon Birger
Fjalestad,Director,NRD
At the BRC (from left to
right):Mr.Ulf Ertzaas,NRD Senior Legal Advisor;Mr.Borislav
Belazelkov,Justice in the Supreme Court of Cassation;Mr.Silvy
Chernev,Chair of the Court of
Arbitration with the Bulgarian Chamber of Commerce and
Industry;Mr.Anton Stankov,Minister
of Justice;Mr.Dimitar Markov,Project Coordinator,CSD Law
Program;Mr.Eric Fossum,Director
General of Bronnoysund Register Centre and Dr.Maria
Yordanova,Director of CSD Law Program
On the basis of comprehensive research the CSD Task
Force prepared a feasibility study entitled Opportunities for
Development of Central Register of Legal Entities and an Electronic
Registries Center in Bulgaria . The study examines the current
situation with official registries in Bulgaria and analyzes the
possibilities for reforming the existing registration system in the
country outlining the necessary steps to be undertaken for the
introduction of a modern registration system. The recom- mendations
incorporated in the docu- ment are in conformity with the Bulga-
rian legal reality and the needs of the economic and social life.
The study aims to stimulate a wide expert and public discussion,
which would result in the development of an overall concept for the
reform in the registration system. The full text of the feasibility
study developed by the CSD Task Force together with a selection of
materials on the registration systems in other European countries
collected in the course of the research work were published in a
brochure entitled Reforming Judiciary in Bulgaria:Towards the
Introduction of Modern Registration System . The brochure was put
together with the objective to provide useful information in the
process of designing the legal basis for the reform and was
disseminated among the stakeholders and other interested
organizations and experts.
- The conclusions and recommenda- tions of the CSD
Task Force were discussed at a Workshop on Reforming Judiciary
in Bulgaria:Towards the Introduction of Modern Registration
System. The feasibility study developed by the CSD Law Program
experts was presented by Mr. Borislav Belazelkov, Justice at the
Supreme Court of Cassation. The Norwegian experts Mr. Erik Fossum,
Director General of the Bronnoysund Register Centre, and Mr. Ulf
Ertzaas, Senior Legal Advisor at Norway Registers Development,
presented the Norwegian experience in the field of development,
implementation and operation of electronic registers and made a
short overview of the legal basis for registers of legal entities
in Norway. The event was attended by representatives of the
Judiciary and the Executive, NGOs, the business community and
media. Ms. Elena Petkova, Director of the Central Pledges Register,
expressed support to the registration reform, pointing out the
successful operation of the Central Pledges Register –the only
centralized electronic register in Bulgaria - created in 1997. Mr.
Tsvetan Simeonov, Vice Chairman of the Bulgarian Chamber of
Commerce and Industry presented the electronic register of
commercial legal entities, kept by the Bulgarian Chamber of
Commerce and Industry.
At the Workshop Reforming
Judiciary in Bulgaria:Towards the Introduction of Modern
Registration
System (from left to right):Mr.Borislav Belazelkov,Justice,Supreme
Court of Cassation,Mr.Erik
Fossum,Director General,Bronnoysund Register Centre,Dr.Maria
Yordanova,Director of CSD
Law Program and Mr.Ulf Ertzaas,Senior Legal Advisor,Norway
Registers Development
3. Developing Judicial Anti-Corruption
Program
Based on the experience accumulated in the process
of implementing the Program for Judicial Reform and the established
public-private partnership with the Ministry of Justice, in
November 2002, the CSD Law Program as a JRI Secretariat initiated
the elaboration of a Judicial Anti-Corruption Program (JACP). The
main objective of the JACP is to identify the most important reform
areas and to formulate a set of recommendations and mechanisms for
achieving legal stability and confidence in the Judiciary. The
process started with a series of preliminary consultations aimed at
setting up the Task Forces to elaborate the Judicial
Anti-Corruption Program. As a result, five Task Forces were formed
consisting of experts involved in the PJR development,
distinguished lawyers, judges, and civil society representatives.
Each of the Task Forces focuses on separate action lines of the
reform:
- Constitutional reform
- Improving the legal basis for the
anticorruption actions:
- Penal Law and Penal Procedure
- Law
- Administrative Law and Administrative Procedure
Law
- Civil Law (incl. Commercial Law)
- and Civil Procedure Law
- Court Administration Reform
- Education and Training of Magistrates
- Awareness and Confidence Building Measures
III. Other Activities
In the year 2002 the CSD Law Program members
participated in a number of international forums, presenting the
activities and achievements of the Program and benefiting from the
exchange of experience with experts and representatives of numerous
foreign and international organizations. Among the most important
international events attended by CSD Law Program members are:
- Human Dimension Seminar on Judicial Systems and
Human Rights, hosted by the Organization for Security and
Cooperation in Europe (OSCE) in Warsaw (April 23-25, 2002). The
seminar was attended by more than 55 delegations of the
participating states, by delegations from states-partners for
cooperation, representatives of international and non-governmental
organizations and of the OSCE institutions.
- EU Candidate Countries Conference on Drugs in
Madrid (June 11-12, 2002). The conference addressed the
issues of developing national drug strategies by candidate
countries and the necessary infrastructures to meet the drugrelated
elements of the Community acquis, including tackling corruption and
strengthening the law enforcement.
- 68 th Wilton Park Conference The Justice and
Home Affairs Agenda for the South East Europe , held at Wiston
House, Steying (July 22-26, 2002). The key issues on the JHA
agenda in SEE are legal and judicial reforms, measures against
organized crime incl. money laundering, drugs trafficking, EU
policy towards SEE, etc.
- The Changes of 1989 and the Process of
Transformations in Bulgaria Conference , organized by the
Bulgarian Study Institute in Vienna and the Austrian SEE Institute
(October 10-11, 2002).
- Access to Information and Media Legislation
Project Conference held by the Belgrade Human Rights Center and
ACCESS –Sofia Foundation in Belgrade (October 29-31,
2002).
- UniDem Seminar on Standards of Public Life
including Means to Avoid Corruption in Trieste (November
25-29, 2002). The seminar is part of the UniDem Campus Program
set up by the European Commission for Democracy through Law, better
known as the Venice Commission –a consultative body of the Council
of Europe composed of independent experts in constitutional law.
The program aims to provide legal training in, primarily, efficient
administration and good governance.
- Workshop on Tackling Corruption in South Eastern
Europe and the Baltics:Cases of Bulgaria, Romania and Latvia
held by the Latvian Institute of International Affairs in Riga
(November 29-30, 2002). The workshop aimed to exchange
knowledge on corruption and experience of anti-corruption policies
in the three countries, and to outline activities that could be
developed in the future between the three countries.
|