2022 Rule of Law Report Country Chapter on the rule of law situation in Bulgaria Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

Abstract

Reforms in Bulgaria in the area of justice and anti-corruption were first followed by the Commission under the Cooperation and Verification Mechanism (CVM) and are currently monitored under the Rule of Law Mechanism. The Government has committed, in the context of the Bulgarian Recovery and Resilience Plan, to establish an effective mechanism for the accountability and criminal liability of the Prosecutor General and his/her deputies, as well as a judicial review of prosecutorial decisions not to open an investigation. This would address longstanding concerns referred in the previous editions of the Rule of Law Report and in the CVM. There are increasing concerns related to the functioning of the Supreme Judicial Council and the need to address its composition is all the more important. Concerns related to the Inspectorate to the Supreme Judicial Council remain. The absence of regular competition for the promotion of magistrates, combined with an extensive use of secondments, risks to affect the independence of magistrates. A legislative reform has abolished the specialised judicial authorities, while providing for the reappointment of the relevant magistrates to ordinary courts and prosecution offices, with safeguards to protect judicial independence and procedural rights. Challenges remain in the area of digitalisation of justice. Administrative justice continues to perform well in terms of efficiency.