Progress in the judicial reform, in the fight against corruption and organised crime in Bulgaria is slow – that much is clear. More steps need to be taken, notes European Commission First Vice President Frans Timmermans in an official statement after the 13^th Cooperation and Verification Mechanism report on Bulgaria was released.

Political instability over the past year is cited as one of the reasons for the delay. But now is the time to act – this is the imperative recommendation. The current Bulgarian government’s judicial reform strategy, adopted by parliament and the ongoing reform for the decentralization of the prosecution offices and for guaranteeing the independence of prosecutors is seen as a positive step in the expectedly critical report. Once again the report includes criticism that so few of the cases of high-level corruption or organised crime have been brought to conclusion in court. But criticism of the Supreme Judicial Council is most severe: there is lack of determination to ensure the random allocation of cases and of the integrity in the appointments to important judicial posts.

“The report is objective and there are favourable evaluations of the first steps the government has taken in pursuit of the strategy, with a special emphasis on the support by parliament. This is a sign to parliament that if we want to succeed as a nation, we must continue in the same vein,” Deputy Prime Minister for European Policy and Institutional Affairs Meglena Kuneva comments. The Interior Ministry strategy is seen as positive, the accent being on the judicial reform. But even the best of strategies is worth less than even a handful of concrete results, which only practical action can show up, she says. In her words the message conveyed to the magistrates is very clear: to apply the law strictly, with faith and courage. Otherwise that is no magistracy, and they are no magistrates.

“The only currency in politics is trust, there is no other,” says Meglena Kuneva. “If it is low or if there is no trust at all, we could not enter into normal dialogue with the other member countries, i.e. this report gives Bulgaria a chance. But as of next year this will no longer hold true, unless we have taken very clear-cut and distinct action. The report is very clear!”

The government has once more succeeded in convincing the European Commission that Bulgaria has been making some kind of progress – objectively and in small steps in a positive direction. But have we been successful in convincing Bulgarians that things have been changing, that there is justice and security in the country, that there is a state as such – because without justice and security there can be no state. Here is Mrs. Kuneva’s answer:

“As to the question whether we shall be able to convince Bulgarians, I would like to thank you for it, because it takes us back to the beginning of our conversation, to the issue of trust. My answer is “No, by and large we do not believe in strategies. We want to see action!” Ninety-seven percent of Bulgarians say corruption in the country is a huge problem. Around 70 percent say the European Commission Mechanism must continue. This time there are added Eurobarometer data – a public opinion poll, as it supplements the national efforts. Yes, we want outside help. And Bulgarians are apt to admit it much more openly. But there is another cause for concern here – our national failures prevail over European priorities. In fact, we cannot talk about the economy – how can we? If we invite investors they are sure to leave tomorrow disappointed and give the country a bad name. That is absolutely inadmissible. And since I started with the issue of trust let me say: if we were traded on the financial markets, Bulgaria’s “trust” shares would probably be sheer garbage! The only way they would reach A+++ status under this mechanism would be if we had the “triple A’s” – Ambition, Active Commitment, Absolute Priority. But that is a task for each and every one of the days as of next year. Changing things in Bulgaria will take a great deal of determination and singleness of purpose.”

Meglena Kuneva is adamant that if the strategy is put into effect as it has been formulated, then step by step the effect should be there to be seen. The concrete plan of action and the reform measures, as recommended by the EC, in the judicial system, the Interior Ministry as well as the respective legislation are yet to be specified. The next Cooperation and Verification Mechanism report is due in a year’s time.

English version: Milena Daynova