A few years ago ex-Ambassador of the USA to Bulgaria James Pardew talked on the rotten apples of the Bulgarian judicial system in a secret report, later published by the WikiLeaks. Those suspicions were confirmed by the drama around the recent bankruptcy of the 4th largest Bulgarian bank – Corporate Commercial Bank. A few days ago French Ambassador to this country HE Xavier Lapeyre de Cabanes pointed out the existence of rotten apples within the Bulgarian judicial system due to illegal court decisions on the bankruptcy of two subsidiaries of the French Belvedere Group and the suspension of their boards.

Obviously something is rotten in the state of Denmark, i.e. in the prolonged unsuccessful Bulgarian transition process to democracy, free market economy and superiority of the law. Rumor has it for a long time that the main ulcer of our society lies in the literate refusal of the court to do its job due to corruption and tight links with political and economic power circles. Rumor also has it that nothing has been done for years, despite the constant monitoring mechanism, imposed by the EU in the area of justice and home affairs as of 2007. Will the diplomatic scandal, caused by Ambassador de Cabanes result in a real reaction at last? Moreover, the case will be referred to the EC as well. Will the bull be grabbed by the horns? We hope so! The reaction was quick this time, unlike on a countless number of other signals of that kind. Judge Roumyana Chenalova, engaged with the Belvedere case, was urgently heard by the Ethic Committee of the Supreme Judicial Council at an unprecedented public session. Computer experts will report on the suspicions for the system for random distribution of cases that is easily manipulated.  The fact that the judge mentioned has received three out of the four files submitted on arguments between ex-owner of Corporate Commercial Bank and his previous partner Delyan Peevski, is quite suspicious, as both have quite controversial reputation. At the same time the assignee, appointed by Judge Chenalova to manage the two French companies is the same, who was in charge of the two television channels TV 7 and News 7, also bankrupted and close to the two persons mentioned. In both cases the will of the court was imposed via quite drastic actions of the same security group. The appointment and actions of the assignee within the Belvedere affair will also be a subject of investigation. The prosecution is also to investigate the case. We expect the decision within a week. After the TV saga with the French ambassador PM Borissov met urgently with Minister of Justice Hristo Ivanov. In joint declaration both politicians pointed out that “the executive authority is obliged to take a political decision whether to propose amendments to the acting legislation, in order for real independence of the judicial power to be assured, along with fair justice. At the same time the legislative authority has to judge its responsibility for the actual state of the management of the judicial authority, because it selects half of the members of the Supreme Judicial Council and can hold them responsible. The case shows a long-year refusal of all authorities to solve urgent issues with the systems of justice and has a serious impact on the country’s investment climate, on our relations with major international partners and also – on public expectations and the reaction of strong civic discontent and mistrust towards the judiciary. It all reflects on our dialogue with the EC and the EU member-states within the monitoring mechanism in the area of justice and home affairs,” the statement further reads.

The diagnosis looks like the right one. The issue is whether it will result in adequate treatment, which requires really strong political will in the Bulgarian context. The society has really strong hopes for the new minister of justice, who comes from an NGO, involved precisely in pointing at the ulcers of Bulgaria’s judiciary system.

English version: Zhivko Stanchev