In the year 2003 the main objective of the Law Program was further promotion
of the judicial and legislative reform as well as democratic institutions building.
The activities were focused on developing the Judicial Anti-Corruption Program,
further popularizing the role of the ombudsman institution as a new human rights
protection mechanism on both national and local level and drafting legislative
suggestions.
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2003 Highlights
- The process of introducing the Ombudsman institution on national and
local level in Bulgaria, and the development of the respective legislation,
initiated by CSD Law Program, marked significant progress with the adoption
of the Law on the Ombudsman and the amendments to the Law on Local Self-Government
and Local Administration.
- Following the adoption of the Law on the Ombudsman and the amendments
to the Law on Local Self-Government and Local Administration CSD continued
to work on improving the legal framework on the Ombudsman institution
in order to overcome some of the existing flaws in the newly adopted
legislation.
- The area and scope of the public awareness campaign aimed at promoting
the ombudsman institution on both national and local level were further
expanded. After the adoption in 2003 of the Law on Ombudsman and the
Law on Amending and Supplementing the Law on Local Self-Government and
Local Administration a number of public policy and training events throughout
the country have been held -information days, municipality training
seminars, training of trainers, workshops, public hearing, etc.
- The Law Program continued its long-term efforts to contribute to the
judicial reform process in Bulgaria so that a working, stable, corruption-free
judiciary to be built up. Acting as Secretariat of the Judicial Reform
Initiative, the CSD Law Program brought together eminent members of
the legal professions in Bulgaria including magistrates, representatives
of influential non-governmental organizations and of state institutions,
who developed a Judicial Anti-Corruption Program (f ACP). It focused
on the prevention and suppression of corruption inside the ludiciary
identifying the most important reform areas and formulating a set of
recommendations and mechanisms for achieving legal stability and confidence
in the ludiciary.
- Proposals for amendments to the Constitution concerning judicial reform
as well as proposals for legal provisions on the ombudsman institution
to be included in the Bulgarian Constitution have been drafted.
- The efforts of the Law Program E-Signature Task Force which drafted
the Law on Electronic Document and Electronic Signature have been aimed
at facilitating the implementation of this modern legislation through
developing Commentary on the Law and carrying out a series of awareness
events.
- The activities for introducing a modern registration system in Bulgaria
continued with elaboration of proposals and recommendations for establishing
an Electronic Registries Center to be included in the amendments and
supplements of the Plan for the Implementation of the E-Government Strategy
(2003-2005).
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I. Legislative Reform
1. Introducing Ombudsman Institution in Bulgaria
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Advocating the Legislative Process
Adoption of the Legal Framework for Establishing the Ombudsman Institutions
on National and Local Level
As a result of the five-year efforts of the civil society in Bulgaria
and particularly of the CSD for introducing ombudsman type institution
in the country, the Law on the Ombudsman was adopted on May 8, 2003 (in
force since January 1, 2004). The adopted law incorporates many of the
main principles of the CSD draft. In July 2003 amendments to the Law on
Local Self-Government and Local Administration were adopted (in force
since October 27, 2003). They included provisions enabling municipal councils
to elect local public mediators.
Although further development of the legal framework of the national and
local ombudsman institutions is still necessary, the adopted one creates
the initial legal basis for the introduction of ombudsman type institutions
on both national and municipal level.
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The adoption of the legal framework for establishing the ombudsman institutions
on national and local level motivated the Law Program experts to start work
on its improvement in order to overcome some of the existing flaws and secure
the most appropriate legal environment for the operation of the ombudsman and
the local public mediators.
- A detailed commentary on the existing legal framework was elaborated. The
document included an expert analysis
of the advantages and shortcomings of the adopted provisions and offered recommendations
for further improvement of the legal framework of the national and local ombudsman
type institutions and the interaction between them. The most important aspects
that need to be further improved in order to secure the most appropriate legal
environment for the operation of the ombudsman are: the requirements and procedure
for election and removal of the ombudsman, including the majority vote therefore,
the incompatibility provisions, the legal status and the powers of the institution,
regulations on the administrative office of the ombudsman, etc.
- Proposals for legal provisions on the ombudsman institution to be included
in the Bulgarian Constitution have been drafted. The incorporation of provisions
on the ombudsman in the Constitution could not only help to overcome some
of the existing weaknesses in the legislation but is also an important step
that would create stronger guarantees for the ombudsman's independence and
successful performance.
Public Policy Events for Promoting the Ombudsman Institution
- On July 15, 2003, the CSD hosted a Public Hearing on the
current state and future development of the legislative framework regulating
the introduction of the ombudsman institution on the national and local level
in Bulgaria.
The discussion benefited from the contributions and proposals of MPs, senior
representatives of the executive, including the Minister of Justice Mr. Anton
Stankov, and the judiciary, NGOs representatives and other
experts engaged in drafting the relevant legislation and in establishing the
ombudsman institution in Bulgaria.
Among the main topics, discussed at the hearing were: constitutional regulation
and improving the legislation regulating the ombudsman institution, legislative
regulation of local ombudsman type institutions and raising awareness about
the ombudsman institution.
- A Regional Ombudsman Conference The Ombudsman in
South-Eastern Europe, to review ombudsmen's work in South-Eastern
Europe and to consider recommendations for its optimal performance, took place
in Sofia at the National Assembly on November 28-30, 2003. The event was organized
jointly with the Office of the
Greek Ombudsman in cooperation with the Bulgarian National Assembly and the
Bulgarian Ministry of Justice.
The conference provided an opportunity for the participants to discuss the
wide range of important issues encountered in the ombudsman's daily work with
emphasis on regional particularities. More than 60 foreign participants attended
the conference, among them ombudsmen and experts from almost all ombudsman
institutions in South-Eastern Europe, the Office of the People's Defender
of Catalonia (Spain) and the Office of the Austrian Ombudsman Board, the Council
of Europe, the Organization for Security and Cooperation in Europe as well
as a number of Bulgarian officials and NGOs representatives, striving to establish
and support such institutions.
The event allowed Bulgarian participants to benefit from the experience of
a number of foreign ombudsmen which would help them with the forthcoming establishment
of the institution in Bulgaria.

Dr. Ognian Shentov, CSD Chairman, opens the public discussion on the forthcoming
introduction of
the ombudsman institution in Bulgaria. Next to him: Dr. Plamen Panayotov, Deputy
Prime
Minister of Bulgaria, Dr. Maria Yordanova, Director of CSD Law Program,
and Mr. Walter Schimmer, Secretary General of the Council of Europe
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Among the most important legal prerequisites for successful functioning
of the ombudsman institution is its incorporation in the Constitution.
This guarantees the independence and impartiality of the institution,
along with the integrity of the office-holder, competence of its staff,
and the appropriate infrastructure.
The main goal of the ombudsman institutions in South-Eastern Europe is
to contribute to the implementation of a long-term administrative reform
which is one of the pillars of the rule of law.
Mr. Yorgos Kaminis,
Ombudsman of Greece at the Regional Ombudsman Conference
The Ombudsman in South-Eastern Europe.
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Awareness Events for Promoting the Ombudsman Institution
The awareness campaign for promoting the ombudsman institution both on national
and local level, launched by CSD in 1998, gained additional significance with
the adoption of the legal framework in 2003. Even before that, in a number of
municipalities (Sofia, Veliko Turnovo, Razgrad, Zavet, Loz-nitsa, etc.) successful
experience has been gained with the operation of local ombudsman type institutions,
established primarily upon initiative of the civil society on the basis of cooperation
with the local self-government authorities.
In 2003 the CSD Law Program broadened its awareness campaign and focused its
efforts on training activities, organizing a number of events in municipalities
where experience on the ombudsman institution has been accumulated as well as
in municipalities where such experience lacks. The events addressed national
and municipal politicians and officials, NGOs, and citizens, including specific
social groups.

Dr. Ognian Shentov, CSD Chairman, welcomes the participants at the Regional
Ombudsman
Conference. Next to him are Mr. Yorgos Kaminis, Ombudsman of Greece, and Mr.
Sevdalin
Bozhikov, Deputy Minister of Justice
- A series of Information Days were held in the cities of
Pleven (February 19), Pazardzhik (February 25), Hissar (October 9), Gotse
Delchev (October 17), Kardzhali (November 11), Rousse (December 12) and Batak
(December 17).
- Two Workshops were carried out on Gender Equality
and Women's Rights in Veliko Turnovo (October 23) and on The
Ombudsman - New Instrument for Promotion of Disadvan-taged Persons' Rights
in Pleven (November 11)
- Three Municipality Training Seminars on Human Rights Promotion and
Protection through Local Ombudsman Institution were organized in
Razgrad (October 6), Pleven (October 22) and Brezovo (December 22) as well
as a Training of Trainers Seminar in Veliko Turnovo (December
5-6).
The legal regulation of the ombudsman in Bulgaria, the powers and functions
of the institution and its role for human rights protection, including disadvan-taged
persons' rights, its interaction with the administration and the future of
this type of institution on national and local level were among the main issues
discussed at the events, which were organized in cooperation with the local
authorities and NGOs.
Strengthening the International Cooperation and Sharing Experience
The cooperation with the European Ombudsman and ombudsman institutions from
many European countries is among the priorities of the Law Program activities
for introducing the ombudsman institution in Bulgaria. In 2003 the already established
contacts have been further developed and new ones have been initiated.
In June 2003 a Study Visit to Spain was organized for Bulgarian
policy makers and experts to examine the Spanish experience in establishing
ombudsman institutions. The Bulgarian group, which included MPs, the Minister
of Justice Mr. Anton Stankov and other representatives of the executive, representatives
of the judiciary, and CSD experts, had meetings with the Spanish People's Defender
and the People's Defender of Catalonia as well as with senior officials from
their administrative staff and had the opportunity to discuss various issues
related to the functioning of the ombudsman institution. The main objective
of the visit was to provide an opportunity for Bulgarian officials to get acquainted
with the best practices implemented in Spain, which in turn would help them
in the process of setting up the ombudsman institution in Bulgaria.
In Madrid the participants met the Spanish People's Defender Mr. Enrique Mugica
Herzog and officials from the People's Defender's team. They presented the organization
and work of the Office of the Public Defender as a national ombudsman institution.
Working meetings were also held with the assistants of the People's Defender
responsible for different areas of the institution's activities. Bulgarian representatives
had the opportunity to hear the presentation of the Annual Report of the Spanish
People's Defender before the Senate and met the Chair of the joint Commission
of the Senate and the Congress responsible for the relations with the People's
Defender.
In Barcelona the participants had a series of working meetings with the People's
Defender of Catalonia Mr. Anton Canel-las and his deputies, which presented
the specifics of their work as well as the work of a local ombudsman institution.
Parallel to the presentation of the main characteristics and the experience
of the People's Defender the participants were briefed on the history, composition,
powers and relations between the main public institutions in Catalonia. A meeting
was held with the members of the Parliamentary Commission on the Ombudsman of
Catalonia, with the Deputy Mayor of the city of Barcelona -Mr. Jose Ignacio
Cuervo, and with representatives of the autonomous government of Catalonia.
The study visit laid sound foundations for cooperation with the People's Defenders
of Spain and Catalonia in the process of establishing and strengthening the
ombudsman institution in Bulgaria.

At the Office of the Spanish People’s Defender (from left to right):
Ms. Antoaneta Tzoneva, Sofia
Municipality Local Civic Mediator, Ms. Milana Krivachka, Expert, Legal Directorate
of the Council
of Ministers, Ms. Tatiana Doncheva, Member of Parliament, Dr. Silvy Chernev,
Chair of the Court
of Arbitration with the Bulgarian Chamber of Commerce and Industry, Mr. Enrique
Mugica,
People’s Defender of Spain, Mr. Borislav Belazelkov, Justice, Supreme Court
of Cassation,
Mr. Anton Stankov, Minister of Justice, Dr. Maria Yordanova, CSD,
Ms. Slavka Slavova, Interpreter, Mr. Dimitar Markov, Project Coordinator of
CSD
Law Program, Mr. Krassimir Dobrev, Journalist, Sega Daily

At the Barcelona city-hall (from left to right): Ms. Antoaneta Tzoneva, Mr.
Borislav Belazelkov,
Ms. Slavka Slavova, Dr. Maria Yordanova, Mr. Krassimir Dobrev, Ms. Tatiana Doncheva,
Dr. Silvy Chernev, Mr. Anton Canellas, People’s Defender of Catalonia,
Ms. Milana Krivachka,
Ms. Ekaterina Mihailova, Member of Parliament, Mr. Dimitar Markov, Mr. Anton
Stankov
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"I hope we'll continue this type of fruitful collaboration in
the future, be on the processusfor establishment or on the current functioning
of Bulgarian Ombudsman as well."
Mr. Enrique Mugica Herzog, People's Defender of Spain, in a letter to
CSD Law Program of August 29, 2003
"...the visit to the institution, that I have the honour of representing
gave you some useful information for the process of establishing an ombudsman
in Bulgaria. This was our main goal, and I am very delighted to hear that
with the co-operation of all of us we have met this goal. Nevertheless,
I hope to keep in touch with you, as I would like to carry out a close
follow-up of your experience in creating the institution of the public
defender."
Mr. Anton Canellas,
People's Defender of Catalonia, in a letter to
CSD Law Program of August 26, 2003
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On October 14, 2003 the First Deputy of the People's Defender of Spain Ms.
Luisa Cava de Llano visited CSD and took part in a Discussion Meeting
with senior representatives of the Center. The meeting was attended by the Chief
of Cabinet of the First Deputy of the People's Defender of Spain Ms. Carmen
Comas-Mata, the Deputy Head of Mission of the Spanish Embassy in Bulgaria Mr.
Alfredo Martinez Serano, the Chairman of CSD Dr. Ognian Shentov, the CSD Law
Program Director Dr. Maria Yordanova and the Director of the Information Center
of the Council of Europe in Sofia Dr. Emil Tsenkov. During the meeting the participants
discussed the recent developments regarding the introduction of the ombudsman
institution in Bulgaria and the necessary improvement of the legal framework
as well as the opportunities for cooperation with the Office of the Spanish
People's Defender in the context of the forthcoming practical establishment
of the institution in the country.

During the meeting at CSD (from left to right): Ms. Luisa Cava de Llano,
First Deputy of the
People’s Defender of Spain, Dr. Maria Yordanova, Director of CSD Law Program,
and Dr. Ognian Shentov, CSD Chairman
- The Law Program members presented the development of the process of introducing
the ombudsman institution in Bulgaria, including comments on the newly adopted
legal framework at a number of international events: a Workshop on
The Ombudsman Role in South-Eastern Europe - Strengthening the Rule of Law
as a Step Towards European Integration, organized by the Greek Ombudsman
in Athens (May 22-23, 2003); a Conference on Ombudsman and the Law
of the European Union, hosted by the Office of the Polish Commissioner
for Civil Rights Protection in Warsaw (May 29-30, 2003); a Minority
Ombudsman Conference, organized by the European Centre for Minority
Issues in Berlin (October 16-17, 2003).
Publications
The handbook The Ombudsman Institution in Europe and Bulgaria (September 2003)
presents the recently adopted ombudsman legislation, and includes an updated
review of both the general and specific aspects of the European countries' experience;
the initiatives and documents of the Council of Europe referring to the establishment
by the Member States of ombudsman institutions on national, regional and local
level and the cooperation between the ombudsmen of the Member States and between
them and the Council of Europe; information on the legal framework and the activities
of the European Ombudsman as a mechanism for protecting human rights on European
Union level.

In the brochure Gender Equality and Ombudsman Institution: Mechanisms for Women's
Rights Protection (October 2003) a comprehensive information about international
and European legal framework on gender equality and women's rights protection
through Ombudsman institution is included. A useful information about NGOs dealing
with gender equality problems as well as about international and national events
on protection of women's rights is provided.
The CSD Law Program produced two articles reviewing the process of establishing
the ombudsman institution in Bulgaria for publishing in the European Ombudsman
Liaison Letter, published by the European Ombudsman.

Ombudsman Information Network
The Ombudsman Information Network, launched in 2002, has been further updated
and extended during 2003. The web site is divided into several sections: News,
Legal Framework in Bulgaria, Bulgarian Parliamentary Ombudsman, Local Ombudsmen
in Bulgaria, Public Opinion, European Countries' Ombudsmen, European Ombudsman,
Foreign Legislation, Partners, Training, Publications, Other Information Materials,
and Links. Besides, a set of navigation tools were also included such as a convenient
language changing tool as well as a feedback section (including post address
and e-mail). The web site is developed in both Bulgarian and English language
in order to serve as a reliable source of information to a broader scope of
users in Bulgaria and abroad. The Ombudsman Information Network will continue
to be permanently updated following the process of establishment and strengthening
the ombudsman institution in Bulgaria.
2. Electronic Document and Electronic Signature
The legal regulation of electronic documents and electronic signatures continued
to be a major area of the Law Program's activities. The Law on Electronic Document
and Electronic Signature, developed by the Law Program experts and effective
since October 2001, created a favorable legal environment for the use of electronic
communications in the country. In the context of a gradually increasing use
of e-documents and e-signatures the main objective of the Law Program in 2003
was to respond to the new challenges related to the implementation of the e-signature
legislation.
- The members of the Law Program E-Signature Task Force finalized their work
on developing a Commentary on the Law on Electronic Document and Electronic
Signature. The commentary will be published in the book Electronic
Documents and Electronic Signature. Legal Framework, which will include also
a glossary, a number of relevant international legal instruments, European
Union acts and foreign legislation as well as two separate papers: one on
the compliance of the Bulgarian law with the EU Directive on Electronic Signatures,
and the other on the computer crimes under Bulgarian criminal law. The edition
is aimed to serve as a manual for representatives of governmental institutions,
business community lawyers, academicians, and experts dealing with or interested
in the legal regulation of e-signatures.
- In order to further facilitate the implementation of the e-signature legal
framework the Law Program jointly with Applied Research and Communications
Fund held a Discussion Forum on The Use of Electronic Documents and
Electronic Signatures in the Public Sphere. The participants at the
event, which took place in Sofia on November 6, 2003, got acquainted with
the provision of certification services for universal electronic signatures
and had the opportunity to discuss the legal and technological aspects of
the use of electronic documents and electronic signatures in the relations
within and between governmental authorities, and between them and other persons.
The work of the Law Program E-Signature Task Force was presented by the Director
of the Law Program Dr. Maria Yordanova. Besides, the event provided an opportunity
for the first two certification service providers, registered by the Communications
Regulation Commission, namely Information Services PLC and Bank-service JSC
to present their services related to the issuance of certificates for universal
electronic signatures.
- Aiming to raise the awareness on the new electronic means of communication,
including the use of electronic signatures, among the policy makers the Law
Program jointly with the Bulgarian International Business Association organized
a Seminar on E-Government in Bulgaria and Strategy for IT Sector Development.
The event took place at the National Assembly on November 25, 2003, bringing
together both MPs and high-ranking administrative officials of the Parliament.
The participants got acquainted with the principles of e-government and the
possibilities for their practical implementation in Bulgaria. In his opening
remarks Mr. Nikolay Kamov, Member of Parliament, presented his initiative
for the introduction of a yearly report on e-government, which is planned
to be submitted by the Government and discussed and approved by the Parliament.
- As a next step towards completing the legal framework for the use of electronic
documents and electronic signatures the Council of Ministers by Decision No.
771 of November 6,2003, set up an Inter-Agency Task Force
to elaborate the legal framework for issuance and acceptance of electronic
documents, signed with universal electronic signatures, within the judiciary.
Relying on the considerable experience and active contribution of the Law
Program to the elaboration of the Law on Electronic Document and Electronic
Signature, the Government invited representatives of the Program as members
of the task force together with experts from the Council of Ministers, the
Communications Regulations Commission, the Ministry of Justice, the Ministry
of Interior, and the Ministry of Defense.
3. Exploring the Idea of Establishing a National Agency for Combating
Corruption
The idea of establishing an independent national Agency for Combating Corruption
was launched by the Bulgarian President Mr. Georgi Purvanov at the beginning
of 2004.
- On February 25, 2003, the Center for the Study of Democracy held a Round
Table on Establishing a National Agency for Combating Corruption: Pro and
Contra.
The core issues of the concept for establishing a national agency for combating
corruption and the foreign experience with the establishment of independent
anti-corruption agencies were presented. MPs, the Minister of Justice and
Chairman of the Anti-Corruption Coordination Commission Mr. Anton Stankov,
representatives of the executive and the judiciary, nongovernmental organizations
and experts participated in the discussion that followed, focusing on the
legal and institutional possibilities and obstacles for the implementation
of the concept.
- On March 28, 2003, the Center for the Study of Democracy and Coalition 2000
organized a Round Table Discussion on Independent Agency for Combating
Corruption: Romanian Experience with guest expert Mr. Terry Lord,
Resident Legal Advisor at the US Embassy in Romania. Members of the Parliamentary
Anti-Corruption Committee, representatives of the Governmental Anti-Corruption
Commission, the National Investigation Agency and non-governmental organizations
were invited to take part in the discussion. Mr. Terry Lord presented practical
aspects of the work of the Romanian Anti-Corruption Public Prosecutor's Office.
- Representatives of the Law Program took part in a Video Dialogue
between the Hong Kong Independent Commission Against Corruption (ICAC) and
the Bulgarian President's Office organized jointly by the World Bank and Applied
Research and Communications Fund on May 19, 2003. Based on the Commission's
experience the discussion focused on the expedience of the establishment of
an autonomous anticorruption unit in Bulgaria.
II. Judicial Reform
1. Developing the Judicial Anti-Corruption Program
In 2003 the Law Program concentrated its efforts on developing a Judicial Anti-Corruption
Program (JACP) relying on the experience accumulated in the frame of Judicial
Reform Initiative.
The Judicial Anti-Corruption Program has been developed by lead members of the
legal professions in Bulgaria, including magistrates, and has emerged from the
joint efforts of influential nongovernmental organizations, representatives
of Government agencies and experts to ensure the successful implementation of
judicial reform in Bulgaria. The Program builds on the suggestions made in the
Program for Judicial Reform (2000), on a number of measures from the Government
Strategy for Reform of the Judiciary in Bulgaria (2001) and on the steps proposed
within the framework of various civic anti-corruption initiatives and international
instruments for monitoring and evaluation of judicial reform in Bulgaria, while
focusing on the prevention and suppression of corruption inside the Judiciary.
In the drafting process, the results have been taken into consideration of the
public opinion polls on judicial reforms, and in particular of the survey Corruption
and Anti-corruption: The stand of magistrates (April - May 2003), conducted
by the Vitosha Research Agency within the framework of the Corruption Monitoring
System of Coalition 2000. The survey was carried out among 454 magistrates from
all branches of the judiciary all over the country and was concentrated on the
magistrates' opinions on a wide range of problems concerning the organization
and the work of the judiciary, the spread of corruption within it, the reasons
for arising and the ways to counteracting corruption.

The JACP first draft prepared by the end of April 2003 has been presented to
a number of state institutions, NGOs, professional associations, the media,
experts and citizens so that they could provide their opinions, recommendations
and proposals for its improving. The separate parts of the Program contain a
set of specific short-term measures and long-term recommendations in the following
areas of the judicial reform:
- Reform in the Organization of the Judiciary;
- Reform in the Administration of Judicial Bodies;
- Training of Magistrates and Court Clerks;
- Reform in main Law branches: Criminal Law and Procedure, Civil Law and Procedure,
and Administrative Law and Procedure.
Special attention has been given to the opening the Judiciary towards the public.
- On June 24, 2003 the JACP revized draft was discussed at a Working
Meeting held at the Center for the Study of Democracy. It was attended
by Mr. Sevdalin Bozhikov, Deputy Minister of Justice, Ms. Nelly Koutzkova,
Chair of Sofia District Court and member of Supreme Judicial Council, Dr.
Silvy Chernev, Chair of the Court of Arbitration with the Bulgarian Chamber
of Commerce and Industry, senior magistrates from all the branches of the
Judiciary, MPs, representatives of the executive and NGOs, as well as UNDP,
the Delegation of the European Commission to Bulgaria, ABA/CEELI, USAID, experts,
and journalists. During the discussion the participants stressed on the necessity
of the proposed in JACP reforms and made some concrete suggestions.
Dr. Chernev expressed the opinion that the procedural legislation is the basis
of a quick and efficient administration of justice and what is needed is detailed
concept for proceedings reform instead of ad hoc amendments, which often had
reverse effect. Mr. Bozhikov announced that a draft Code of Administrative
Procedure is already developed and will be discussed in the near future, and
that drafts of new Code of Criminal and Code of Civil Procedure are being
prepared.

From left to right: Dr. Silvy Chernev, Chair, Court of Arbitration with the
Bulgarian Chamber of
Commerce and Industry, Dr. Maria Yordanova, Director, CSD Law Program, Mr. Sevdalin
Bozhikov, Deputy Minister of Justice, and Ms. Nely Koutzkova, Chair, Sofia District
Court
- In September 2003 the Judicial Anti-Corruption Program was published in
Bulgarian and in English (with the support of UNDP - Bulgaria, and Coalition
2000) and on October 2, 2003 was presented at a Press Conference,
organized by CSD. Mr. Mario Dimitrov, Deputy Minister of Justice expressed
the support of the Ministry for a considerable part of the proposals and underlined
that the measures offered, including long-term ones would prompt a further
debate for reaching consensus on the priorities of judicial reform. The UNDP
Resident Representative Mr. Neil Buhne stressed on the necessity of more transparency,
efficiency and accessibility of the judiciary as an important part of the
positive development of the Bulgarian society that corresponds with the goals
and principles of the United Nations.
Members of the Task Forces involved in developing JACP, MPs, representatives
of all judicial branches and the executive, NGOs, foreign and international
organizations, journalists also took part.

Dr. Maria Yordanova (right), Director of CSD Law Program, presents the Judicial
Anti-Corruption
Program at a press conference at CSD. Next to her (from right to left): Mr.
Mario Dimitrov, Deputy
Minister of Justice, and Mr. Neil Buhne, UNDP Resident Representative
- The CSD Law Program and its expert team continued to provide assistance
to the Parliament and different executive agencies in drafting legislation
regarding judicial reform and other related issues. On the request of the
Chair of the ad hoc Parliamentary Committee on Amendments to the Constitution,
proposals for amendments to the Constitution prepared by
the Law Program experts have been submitted to the Committee and highly appreciated.
2. Continuing Efforts for Reforming the Registration System in Bulgaria
In 2003 the CSD Law Program Task Force on Registration Reform completed its
two-year work on studying the foreign practices in the area of establishment
and operation of modern registration systems and preparation of a proposal for
a overall reform of the registration system in Bulgaria.
These efforts resulted in a publication of the brochure Opportunities for Establishment
of Central Register of Legal Persons and Electronic Registries Center in Bulgaria
(May 2003). The brochure includes the full text of the report, review of the
foreign experience in developing central electronic registers and a proposal
for the structure of an Electronic Registries Center in Bulgaria and was widely
disseminated among state institutions, NGOs and the business community.
It was presented on May 13, 2003, at a discussion on Judiciary and Business
in Bulgaria, organized by the Ministry of
Justice, the Union of Bulgarian Jurists, the Open Society Foundation, the Bulgarian
Business Leaders Forum, the Bulgarian International Business Association and
the American Chamber of Commerce in Bulgaria. The Task Force report and the
proposals on registration reform enjoyed great interest among the participants
in the event.
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CSD Task Force elaborated and sent its proposals and recommendations
for establishing an Electronic Registries Center to be included in the
amendments and supplements of the Plan for the Implementation of the E-Government
Strategy (2003-2005), which is to be discussed in 2004.
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3. Introducing European Standards in Reforming Judiciary. Exchange
of Experience
- On April 30, 2003 a Discussion on Spanish Experience in Reforming
Judiciary took place in Madrid with participation of CSD representatives
(Dr. Ognian Shentov, Chairman, Mr. Vladimir Yordanov, Executive Director,
and Dr. Maria Yordanova, Director of the Law Program), as well as of Spanish
judiciary: Mr. Joaquin Delgado Martin, Head of Department in the General Judicial
Council in Spain, Mr. Celso Rodriguez Padron, Secretary General of the General
Judicial Council, and Mr. Juan Pablo Gonzalez, President of the International
Relations Committee at the Council. During the discussion the judicial reform
process in Bulgaria and the Spanish experience of reforming the judiciary
were debated in the context of specific Spanish transition based on consensus.
Among the most important issues discussed were also the functions and competence
of the Judicial Council and of the Spanish Ministry of Justice, the political
consensus as a key prerequisite for successful reforms, the system of internal
control within the Council, including mechanisms for preventing malfeasance
and corruption among the judges, the successfully implemented principle to
separate the political and administrative governance of the judiciary.
The participants in the discussion agreed that the main message to Bulgaria
would be the reaching of political consensus on the main steps of the judicial
reform following the Spanish experience of entering into a State Pact on the
Judicial Reform.
After the discussion the Spanish judiciary representatives expressed their
willingness to support and further to assist the process of reforming Bulgarian
judiciary including in cooperation with NGOs.
- On May 29, 2003, the CSD Law Program hosted a Round Table on Spanish
Experience in Reforming the Judiciary. Mr. Alberto Dorrego, Director
on Modernization of the Judiciary in the Spanish Ministry of Justice introduced
the general stages and the most significant prerequisites for the reform of
the judiciary in Spain and underlined that the basis of this reform was the
achievement of political consensus, manifested in a State Pact on the Judicial
Reform.
The main conclusion of the Round Table discussion was that the three basic
elements to guarantee independence and efficiency of the judiciary are: legislative
amendments, organizational reforms and reform in the administration and infrastructure
of the judiciary.

From left to right: Dr. Maria Yordanova, Director of CSD Law Program, Mr. Alberto
Dorrego,
Director on Modernization of the Judiciary in the Spanish Ministry of Justice,
and Mr. Jose Lopez-
Jorrin, Spanish Ambassador to Bulgaria
- A judicial reform based on a broad political consensus as the most appropriate
solution for Bulgaria was further discussed during a Working Meeting
on November 25, 2003 in Sofia with the participation of Mr. Juan
Pablo Gonzalez, Dr. Ognian Shentov, and the senior staff of the CSD Law Program.
The meeting was attended also by Mr. Joaquin Delgado Martin, and Mr. Alfredo
Martinez Serano, Deputy Head of Mission of the Spanish Embassy in Bulgaria.
4. Other Events
- A Round Table on Constitution and Judicial Reform in Bulgaria was
held by CSD jointly with the Union of Bulgarian Jurists on April 15, 2003.
The Round Table provided a forum for discussion on the constitutional amendments,
proposed by different institutions and political parties, the Declaration
signed between them, and the Decision of the Constitutional Court No 3 of
April 10, 2003 on Constitutional Case No 22 of 2002. The Minister of Justice
Mr. Anton Stankov, MPs, Members of the Constitutional Court, magistrates,
representatives of governmental authorities and NGOs, academicians and experts
took part in the discussion. Mr. Vladislav Slavov, Chairman of the Supreme
Administrative Court
(since June 30,2003 - a member of the Constitutional Court) and of the Union
of Bulgarian Jurists, and Mr. Anton Stankov underlined the necessity of a
number of constitutional amendments corresponding to the upcoming accession
of Bulgaria to the EU and to domestic needs. Ms. Ekaterina Mihailova, MP from
the United Democratic Forces, expressed her support to the idea of carrying
out constitutional reforms in close cooperation with the nongovernmental sector.
- On June 6, 2003 a Round Table on Ethics and Standards in Legal Professions
was held. It was organized jointly by the Union of Bulgarian Jurists, the
Center for the Study of Democracy, ABA/CEELI and US AID. Among the participants
were Mr. Vladislav Slavov, Mr. Duglas Francis, Liaison, ABA/CEELI, Mr. Gene
Gibson, Senior Advisor at the US AID, judges, prosecutors, investigators,
attorneys, court clerks, and other legal experts. The discussion focused on
mechanisms for application of codes of ethics and adoption of these codes;
the mandate of the adopting institution; the obligatory character of rules
of ethics; sanctions for not complying with rules of ethics; the risk of mechanical
transformation of rules of ethics from other legal systems.
At the end of the event the participants approved and endorsed a Closing Document
of the Round Table that recommends: the development of codes of ethics for
all legal professions and rules and mechanisms for their implementation; the
drafting of legislative amendments envisaging such codes of ethics and sanctions
for not complying with them; the introduction of courses on Ethics and Standards
in Legal Professions in the universities' schools of law, etc.
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