February 11, 2003
Honorable Members of Parliament, Ministers,
colleagues! BIBA members include more than 200 of the largest
companies in Bulgaria. The fact that we devote special attention to
the conditions for business development in Bulgaria and that the
findings are presented in a White Book on the business climate now
allows me to present some of the main conclusions and issues
identified by BIBA members as problems to business development in
Bulgaria related to the judicial system.
Naturally, the development of business in Bulgaria
is related not only to the enforcement of the laws and not only to
the judicial system. Things need to be considered from a broader
perspective. First of all, the fight against corruption should be
treated as a process involving the legislators, who should adopt
laws that are unambiguous, clear-cut, and applicable to all, as
well as the judicial system, which guarantees that these laws will
be enforced equally with regard to all persons and entities. All
BIBA members are concerned that the delayed judiciary reform may
prove one of the major stumbling blocks in the process of our
preparation for accession to the European Union. Of course, the
reform in the judicial system does not only involve the passing of
legislation, conclusion of agreements, and decision-making. This
reform also has a number of financial implications. Finally, its
implementation is associated with high public expectations.
The past years have been marked by major government
initiatives to fight corruption, some of which were referred to
today. Regrettably, the results are not tangible. If there are any,
they have not been sufficiently publicized. If not, then clearly
there is a call for greater efforts. The absence of an ombudsman
law was mentioned repeatedly and we think the adoption of such a
law, the creation of such an institution will be one of the
mechanisms to reduce the opportunities for corruption in the
administration. There have been serious efforts in the past years
to reduce the number of license, registration, and permit-requiring
regimes. Unfortunately, last year's amendments to the law did not
include provisions for tacit agreement, which would have limited
the opportunities for corruption in the administration. Neither has
the reform in the administrative system been fully implemented.
I have to agree with the Ministers and MPs who said
how pleased they were with the dialogue existing in our society
with regard to corruption. And since Coalition 2000, in its
latest report, has focused chiefly on the need for judicial reform,
and our discussion today also unfolded in that direction, let me
point out that for the past few months there has been another forum
where the government and the business associations have been
discussing the problems of business - it's the Council for Economic
Growth. The issues related to the development of the economy in
Bulgaria are considered within the Council precisely from the point
of view of public administration, which is an essential factor in
economic development. Therefore, the opportunity created within
this Council for Economic Growth to discuss the new legislation,
the expected effects and implications of the adoption and
enforcement of such laws, would to some extent help limit the
possibilities for corruption in public administration.
I would like to inform you of a decision and
imminent intention of the Bulgarian International Business
Association. We have taken on a commitment before our members, on
their insistence, to report to the Supreme Judicial Council any
improper actions on the part of the judicial system vis-a-vis
business companies and enterprises. The representatives of the big
investors in Bulgaria, for obvious reasons, cannot be the
corrupting factor since everything is strictly documented, but they
can be the object of actions of the courts as a result of
corrupting influences. I hope that we will find the most
appropriate forms, mechanisms, and solutions, without necessarily
making public some of the cases. But we believe there is still a
lot to do under the reforms of the administration and the judicial
system. And any action taken by the government and parliament with
the aim of creating a clear business environment will be sure to
have the support of the investors.
Thank you.
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