Interim Report from the Commission to the European Parliament and the Council on Progress in Bulgaria under the Co-operation and Verification Mechanism
Date: 2008-02-04
Institutions: European Commission
Subjects: Bulgaria, EU control, cooperation policy, corruption, exchange of information, judicial reform, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.2.2008 
COM(2008) 63 final 

INTERIM REPORT FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 

On Progress in Bulgaria under the Co-operation and Verification Mechanism 

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INTERIM REPORT FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 

On Progress in Bulgaria under the Co-operation and Verification Mechanism  

1. 

INTRODUCTION  

When Bulgaria entered the EU on 1 January 2007, a Co-operation and Verification 
Mechanism (CVM)1 was set up to help Bulgaria remedy certain shortcomings in the 
areas of judicial reform and the fight against corruption and organised crime and to 
monitor progress in these areas. 

This  report  is  the  second  report  tabled  by  the  Commission  under  the  Co-operation 
and Verification Mechanism2. The six months since the first report is considered to 
be too short to allow Bulgaria to remedy all shortcomings and for the Commission to 
revisit the assessment made last June. Therefore, the report presents a factual update 
of progress without providing a detailed assessment of results achieved under each of 
the  benchmarks  established  under  the  CVM.  In  addition  the  present  interim  report 
includes  an  overview  of  assistance  provided  to  Bulgaria  in  areas  relevant  to  the 
benchmarks. This has been done with a view to identifying possible assistance gaps 
and providing a full range of relevant support to Bulgaria. 

2. 

JUDICIAL  REFORM  AND  THE  FIGHT  AGAINST  CORRUPTION  AND  ORGANISED 
CRIME: STATE OF PLAY  

2.1. 

Follow-up of the June 2007 review: the Action Plan 

Since the Commission's last report in June 2007, a close and permanent dialogue has 
been  established  with  the  Bulgarian  authorities  in  Brussels  and  Sofia.  Bulgaria  has 
provided detailed updates on the state of play to the Commission on a regular basis. 

The Bulgarian authorities took up the suggestion by the Commission to establish an 
Action  Plan  on  how  Bulgaria  intends  to  meet  the  benchmarks.  The  Commission 
provided  assistance  to  Bulgaria  in  the  form  of  a  methodological  evaluation  of  the 
Action Plan. Subsequently, in October 2007 following consultation of stakeholders, a 
detailed  report  was  endorsed  by  the  Bulgarian  government  and  submitted  to  the 
Commission3.  The  timely  preparation  and  adoption  of  the  Action  Plan  which 
required a concerted effort and mobilisation of considerable resources within a short 
period of time reflects a serious commitment by the Bulgarian authorities.  

2.2. 

Update on Progress 

2.2.1.  Benchmark 1: Adopt Constitutional amendments removing any ambiguity regarding 

the independence and accountability of the judicial system 

•  The National Assembly to adopt amendments to the Bulgarian Constitution 

1 

2 
3 

Commission  Decision  2006/929/EC  of  13  December  2006  establishing  a  mechanism  for  cooperation 
and verification of progress in Bulgaria to address specific benchmarks in the areas of judicial reform 
and the fight against corruption and organized crime (OJ L 354, 14.12.2006, p. 56). 
The Commission reported for the first time on 27 June 2007COM(2007)377 final 
The plan is available at the following site: 
http://www.mvr.bg/en/EUIntegration/plan_BM_1_6_21_10_07_final.htm  

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•  The National Assembly to make necessary changes to the Judicial System Act 
•  The  Inspectorate  to  be  set  up  and  functioning,  first  results  to  be  published  and 

evaluated  

The necessary Constitutional amendments were adopted in February 2007. The New 
Judicial  Systems  Act  was  adopted  in  July  2007.  The  Supreme  Judicial  Council  has 
been  constituted  and  is  operational  following  the  election  of  both  its  parliamentary 
and judicial members. The chief inspector and 8 out of 10 inspectors of the Supreme 
Judicial  Council  were  elected  by  Parliament  on  19  December  2007.  It  is  expected 
that the inspectorate will become operational during the first quarter of 2008. 

2.2.2.  Benchmark 2: Ensure a more transparent and efficient judicial process by adopting 
and  implementing  a  new  judicial  system  act  and  the  new  civil  procedure  code. 
Report  on  the  impact  of  these  new  laws  and  of  the  penal  and  administrative 
procedure codes, notably on the pre-trial phase 

•  Adopt the new Civil Procedure Code 
•  Adopt the new Judicial System Act reflecting the amendments to the Constitution 

and the recommendations of the peer review experts  

•  Establish a monitoring system for all new codes  
•  Report at regular intervals on the findings of this monitoring process, notably as 

regards the pre-trial phase, the execution of judgements and sentences 

•  Amend the relevant codes and legislation if necessary 

The new Civil Procedure Code was adopted in July 2007 and will be in force as from 
March 2008. Working groups to prepare the relevant secondary legislation have been 
set up. 

The New Judicial Systems Act was adopted in July 2007. It establishes the SJC as a 
permanent  body  and  addresses  the  concerns  of  experts  notably  on  the  division  of 
functions between the inspectorates of the SJC and of the Ministry of Justice. 

The  findings  of  the  working  groups  for  monitoring  the  implementation  of  the 
Administrative Procedures Code and the Penal Procedures Code have been published 
regularly on the Internet4. A monitoring system for the new Civil Procedure Code is 
still to be set-up. Furthermore, the Bulgarian authorities wish to develop and create a 
new law regulating the overall law making process5. 

The formal restrictions of the Bulgarian Penal Procedures Code in the pre-trial phase 
impede swift court procedures and are reported to lead to frequent referrals from the 
court back to the prosecution. Cases of alleged high-level corruption and organised 
crime  have  continued  to  be  subject  to  frequent  referrals  and  long  delays  on 

4 

5 

The reports on Penal Procedure Code (PPC) are published on the websites of both Ministry of Justice 
and  the  Prosecution  Office,  whereas  the  reports  on  the  Administrative  Procedure  Code  (APC)  are 
accessible on the websites of the Ministry of Justice and the Supreme Administrative Court. 
Action Plan, point 2.10 

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procedural  grounds6.  The  Bulgarian  Penal  Code  does  not  differentiate  sufficiently 
between different degrees of crime and appears structurally outdated.7 

The  creation  of  the  National  Security  Agency  at  the  end  of  2007  has  prompted  a 
debate  on  extending  the  competences  of  investigating  magistrates  (sledovateli)  to 
cases  of  high-level  corruption  and  organised  crime.  Discussions  are  ongoing  on 
whether to amend the Penal Procedures Code to authorise the Prosecutor General to 
order,  on  a  case  by  case  basis,  investigations  to  be  conducted  by  investigating 
magistrates,  should  the  case  present  factual  or  legal  complexity  or  a  significant 
public  interest8.  Any  change  to  the  responsibilities  of  investigating  magistrates 
should  be  seen  against  Bulgaria's  commitment  to  limit  the  competences  of 
investigating magistrates which was agreed prior to Bulgaria's accession.  

2.2.3.  Benchmark  3:  Continue  the  reform  of  the  judiciary  in  order  to  enhance 
professionalism,  accountability  and  efficiency.  Evaluate  the  impact  of  this  reform 
and publish the results annually 

•  Establish  a  transparent  and  fully  functioning  decision  making  process  on 
disciplinary  investigations  by  the  future  Inspectorate  with  the  Supreme  Judicial 
Council  

•  Ensure  complete  and  overarching  application  of  the  Code  of  Ethics  for 
and 

investigation 

procedures 

review, 

for 

magistrates, 
dismissal/prosecution for violations 

especially 

•  Monitor the application of the system of competitive examination for recruitment 

and performance evaluation of magistrates 

•  Annually publish findings of the evaluation of the reform of the judicial system, in 
particular  on  how  specific  problems  related  to  professionalism;  accountability 
and efficiency have been addressed 

•  Introduce random case handling software in the Prosecution services  
•  Enhance the training on the implication of these new laws 

In addition to the measures outlined under benchmark 2 a committee on disciplinary 
procedures has been set-up with the SJC to apply the code of ethics for magistrates. 
The  institution  has  not  yet  been  able  to  establish  a  track  record,  however  first 
disciplinary  sanctions  applied  by  the  SJC  in  its  new  composition  indicate  a  strict 
policy on pursuing violations.9 

The  monitoring  of  the  efficiency  of  the  judicial  process suffers  from  an  absence of 
relevant  data  and  an  appropriate  capacity  for  qualitative  analysis.  There  is 
insufficient reliable data on the follow-up to cases during the pre-trial and trial phase. 

6 

7 

8 
9 

As a  matter of fact, a piece  of information not retrieved in the course of criminal proceedings by the 
authorised Bulgarian authorities cannot be legally considered as evidence. There are also no means to 
safeguard  data  which  have  not  been  considered  as  evidence.  Such  a  restrictive  approach  to  evidence 
presentable in court makes the pre-trial phase more difficult and decreases the efficiency in providing 
justice.  
In  the  view  of  various  institutions  such  as  the  general  prosecutor's  office  and  the  Supreme  Judicial 
Council,  as  well  as  independent  experts,  Bulgaria  needs  to  modernise  its  Penal  Code  and  revise  the 
Penal Procedures Code. 
Amendment to art. 194 of the Penal Procedure Code  
On  13  December  2007,  the  SJC  released  from  their  duties  one  prosecutor  and  one  investigator  for 
corruption.  In  both  cases,  the  SJC  adopted  a  rigorous  interpretation  of  the  case  and  rejected  possible 
procedural  healings  such  as  the  expiry  of  legal  prescription  and  immunity  guaranteed  to  magistrates 
before amendments to the Constitution. 

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The  data  presented  to  the  Commission  on  cases  of  high-level  corruption  and 
organised crime under benchmarks 4 and 6 does not allow for an assessment of the 
performance of the judiciary or the investigation services. It is important and urgent 
for  Bulgaria  to  develop  its  data  gathering  and  classification  capabilities.  The 
completion of the Unified Information System is important in this regard. The action 
plan for benchmark 3 foresees a number of coherent measures to monitor progress of 
judicial  reform  and  assure  its  sustainability.  This  includes  the  publication  of 
complaints  on  appointments  and  competitions  and  the  publication  of  the  results  of 
the  SJC's  checks  into  recruitment  procedures.  It  also  includes  several  measures  for 
continuous training of the magistracy. 

2.2.4.  Benchmark 4: Conduct and report on professional, non-partisan investigations into 
allegations  of  high-level  corruption.  Report  on  internal  inspections  of  public 
institutions and on the publication of assets of high-level officials 

•  Associate Member States' experts to provide assistance and guidance as regards 

improving the quality of investigations and reporting on this 

•  Streamline  and  coordinate  the  institutional  set-up  of  bodies  empowered  to  fight 

corruption 

•  Establish administrative arrangements to safeguard whistle-blowers 
•  Implement  fully  the  legislation  on  the  independence  of  the  inspectorates  in  the 
public administration and ensure more pro-activeness in their investigative role 
•  Report on the implementation of measures taken to prevent and fight influence in 
the  investigation  and  prosecuting  entities,  in  particular  sustain  cases  of 
suspension/dismissal/initiation  of  criminal  proceedings  against  alleged  corrupt 
law enforcement bodies 

•  Ensure the establishment of a credible checking mechanism for asset declarations 

as well as effective sanctions in case of false or inaccurate declarations 

Bulgaria has registered 51 indictments, 20 final convictions and 7 acquittals for high-
level corruption in the period of 1 July to 31 October 2007. Within the judiciary, 11 
pre-trial  proceedings  were  launched,  no  convictions  were  registered.  In  addition, 
Bulgaria  reports  a  considerable  number  of  planned  and  ad-hoc  checks  within  the 
central  administration  and  the  judiciary10.  Qualitative  data  on  inspection  strategies, 
control  priorities  and  risk  assessments  was  not  available.  An  assessment  of  the 
contribution  of  these  activities  in  containing  high-level  corruption  in  Bulgaria  was 
therefore impossible.  

While  recognising  further  organisational  efforts,  no  concrete  results  have  been 
reported  regarding  the  improvement  of  cooperation  between  the  different  bodies 
charged  with  the  fight  against  corruption.  The  anti-corruption  committee  with  the 
Council of Ministers will develop an action plan  to strengthen capacity, implement 
joint actions and improve institutional interaction by February 2008.11  

10 

11 

For  the  period  July-November  2007  the  inspectorates  at  the  central  administration  have  carried  out  a 
total of 784 checks, 373 of which planned and 411 ad-hoc. The inspectorate of the Customs Agency has 
conducted most of the ad-hoc checks – 90. A total of 214 corruption signals have been received by the 
inspectorates.  73  disciplinary  proceedings  have  been  initiated  against  administrative  officials.  54 
officials have been dismissed. 5 officials have been temporarily suspended. Files on 30 officials have 
been  submitted  to  the  Prosecutor’s  Office.  3  officials  have  been  convicted  for  corruption  with  a 
sentence entered into force. 
Action Plan benchmark 4, point 1.2. 

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No  activity  in  safeguarding  whistle-blowers  has  been  reported.  The  Action  Plan 
foresees  a  round-table  on  the  implementation  of  the  existing  legal  framework  to 
protect whistle-blowers and an awareness campaign for February-March 2008. 

2.2.5.  Benchmark 5: Take further measures to prevent and fight corruption, in particular at 

the borders and within local government 

•  Implement  disciplinary  sanctions  and  a  policy  of  zero-tolerance,  particularly  in 
the  Veterinary  Service,  the  customs,  the  Road  Executive  Agency  and  other 
relevant services 

•  Establish electronic payment systems and a system of shifts at random for officers 

employed at the borders 

•  Conduct  at  regular  intervals  audits  and  checks,  publish  the  findings  and  ensure 

their follow-up 

•  Report on investigations into inexplicable wealth 

Preventive  measures,  training  and  the  integration  of  best  practice  into  standing 
procedures  such  as  the  single  fiche  system12,  random  shift  allocation  and  rotation 
have  reduced  corruption  opportunities  among  border  police  and  customs.  A  poll 
conducted  in  August  2007  by  the  Dutch  Royal  Automobile  Club  confirms  this 
positive  tendency.  Bulgaria  has  reported  on  checks,  disciplinary  proceedings  and 
sanctions  among  border  police  and  customs.  The  Commission  does  not  have 
sufficient details of cases and sanctions which would allow it to draw a conclusion at 
this stage.13 

The  eGovernment  system  and  a  queue  management  system  were  introduced  within 
local government in three pilot regions.  

Pro-active  checks  into  inexplicable  wealth  were  performed  within  the  customs 
authorities.  No  further  information  is  available  on  efforts  in  other  areas  to  trace 
inexplicable  wealth.  Checks  should  be  carried  out  pro-actively  based  on  a  risk 
analysis and cover local government and other vulnerable sectors.  

Duty-free shops on Bulgarian territory at the external borders to Turkey and Serbia 
and duty-free petrol stations on Bulgarian territory continue to be tolerated and have 
seen a substantial increase in turn-over during 2007. They are a focal point for local 
corruption and organised crime.  

Bulgaria  reports  that  allegations  of  corruption  during  the  last  local  elections  have 
resulted  in  13  pre-trial  proceedings  following  amendments  to  the  Penal  Code  in 
October 2007 which criminalized vote-buying.14 

12 

13 

14 

By the end of December 2007 five border check points (out of 11) were due to be operating under the 
“single electronic fiche” principle 
According  to  the  data  provided  by  the  Ministry  of  Interior,  the  Customs  Agency  was  carrying  out 
checks on 86 customs officers resulting from the planned checks in the period July- November 2007. 
Moreover,  12  disciplinary  proceedings  following  signals  were  conducted  in  the  same  time  and  15 
disciplinary sanctions were imposed. In the same time the Border Police exercised 24 checks resulting 
in  10  dismissals,  8  reappointment  to  other  activities,  3  discharges.  Disciplinary  proceedings  were 
accomplished against further 5 officials who would be dismissed. 
On  28  October  and  4  November  local  elections  were  held  in  Bulgaria.  The  authorities  received  179 
signals  on  alleged  vote  buying.  The  Prosecution  launched  13  investigations  on  22  November.  The 
biggest number of investigations was launched in Pernik, Varna, Stara Zagora, Berkovitsa. 

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2.2.6.  Benchmark  6:  Implement  a  strategy  to  fight  organised  crime,  focussing  on  serious 
crime,  money  laundering  as  well  as  on  the  systematic  confiscation  of  assets  of 
criminals. Report on new and ongoing investigations, indictments and convictions in 
these areas 

•  Associate Member States' experts to provide guidance and assistance as regards 

improving the quality of investigations and reporting on this 

•  Hand over an action plan to implement the strategy to fight organised crime and 

implement it with reports at regular intervals 

•  Fully implement relevant legislation on confiscation of assets of criminals 
•  Report  regularly  and  audit  internally  the  new  and  on-going  investigations, 

indictments and convictions 

•  Publish the findings of these audits 
•  Implement the new legislation to combat money laundering 

In  the  period  of  1  July  to  31  December  2007,  Bulgaria  launched  48  pre-trial 
investigations  for  offences  in  relation  to  organised  crime;  it  has  forwarded  21 
indictments  to  court  and  registered  24  final  convictions.  While  recognising  the 
positive  trend,  a  qualitative  analysis  of  this  data  regarding  the  efficiency  of  the 
judicial  process  and  the  nature  of  convictions  is  not  available.  The  Commission's 
analysis  of  a  sample  of  high-profile  cases  registered  shows  that  only  one  case  has 
been finalised since 2000 and half of the cases are still at the investigation stage.15 
The government created a National Security Agency in December 200716 in order to 
improve  Bulgaria's  track  record  in  the  judicial  follow-up  to  serious  crime.  The 
agency  will  be  established  by  merging  the  current  National  Security  Service17,  the 
Financial  Intelligence  Agency18  and  the  Military  Counter  Intelligence  Agency.  The 
National  Security  Agency  will  be  established  under  the  direct  authority  of  the 
Council  of  Ministers  and  be  given  independent  operational  capacity.  As  it  is 
conceived, the National Security Agency should be in a strong position to take – in 
practice  -  the  initiative  within  the  pre-trial  phase.  A  parallel  strengthening  of  the 
prosecution office seems therefore advisable. The exact powers of the agency and the 
mechanisms of coordination with other competent institutions within the Ministry of 
the Interior must still be fully spelled out in secondary legislation, and in institutional 
cooperation agreements. In this context it will be important to clarify for which cases 
the  Agency  will  be  competent  and  to  ensure  that  it  can  carry  out  investigations 
independently and testify in court. 

15 

16 
17 
18 

In  the  absence  of  qualitative  analysis  on  the  judicial  follow-up  to  organised  crime  cases,  the 
Commission  communicated  to  Bulgaria  as  an  exemplary  sample  for  discussion,  a  list  of  well-known 
cases  registered  between  2000  and  2007.  The  state  of  play  received  by  Bulgaria  on  the  10  cases 
registered until 2006 shows that indictments were forwarded and court proceedings were ongoing in 3 
cases, in one case an agreement between prosecutor and defendant had been proposed and is currently 
under  review  by  the  Supreme  Cassation  Court,  in  one  case  an  agreement  between  prosecutor  and 
defendant has legally entered into force, in all other 5 cases, including one registered in 2002 and one 
registered in 2003, investigations were still ongoing. 
Law on State Agency "National Security", Official Journal of Bulgaria N° 109 of 20/12/07. 
Service under the Ministry of the Interior for special- and covert investigations 
The  incorporation  of  the  Financial  Intelligence  Agency  into  the  new  National  Security  Agency  may 
influence the situation of the Bulgarian FIA within the network of European FIU's (Egmont group) and 
need to be coordinated with the respective bodies. 

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3. 

SUPPORT UNDER THE COOPERATION AND VERIFICATION MECHANISM 

Substantial  support  has  been  made  available  to  Bulgaria  in  the  area  of  justice  and 
home affairs by both EU programmes such as Phare and the Transition Facility and 
by Member States.19 This area remains the main focus of EU post-accession support: 
More than half of the budget of the EU's Transition Facility for Bulgaria is dedicated 
to  this  sector  including  a  special  envelope  of  6  MEUR  for  projects  directly 
supporting progress under the CVM benchmarks.  

Projects in the area of justice and home affairs cover the entire range of benchmarks. 
A closer analysis of projects implemented since 200320 shows that some areas, such 
as  judicial  reform  (BM  3)  and  training  and  equipment  for  police  and  border  police 
(BM  5)  received  significant  amounts  of  assistance  and  may  have  reached  a  certain 
level of saturation. Assistance to the fight against high-level corruption (BM 4) and 
to  fight  against  organised  crime  (BM  6)  is  less  well  supported.  In  addition,  to  date 
there  have  been  no  projects  on  the  prevention  of  local  corruption  or  corruption  in 
vulnerable sectors such as education and health-care (BM 5). 

The  support  provided  has  had  an  impact  on  progress  by  Bulgaria.  Areas  of  heavy 
exposure to international cooperation, such as judiciary reform and the borders show 
better  progress  in  fulfilling  the  benchmarks  than  areas  which  have  received  less 
assistance. 

Future  support  should  be  focused  on  supporting  the  fight  against  corruption  and 
organised crime. It should directly address the priorities and needs identified in the 
Action  Plan  which  has  been  drafted  by  Bulgaria.  In  general,  preference  should  be 
given  to  smaller,  well  targeted  assistance  missions  that  respect  the  absorption 
capacity of Bulgarian institutions and allow full ownership of the results. A managed 
phasing-out of support in saturated areas seems appropriate.  

Bulgaria  is  encouraged  to  make  full  use  of  the  substantial  EU  assistance  budget 
which  is  still  available  through  the  Transition  Facility  and  TAIEX.  Larger  projects 
that  are  scheduled  for  implementation  from  2008  under  the  Transition  facility  and 
which may yield concrete results only in 1 or 2 years time must be complemented by 
flexible and well-targeted short-term or medium-term projects ("twinning light"). 

The Commission would advise Member States to consider more direct and practical 
support  to  Bulgaria  in  the  form  of  e.g.  cross-border  investigation  teams,  support  in 

19 

20 

Phare alone has made available over 182 MEUR for justice and home affairs in Bulgaria since 2004. 
The  Transition  Facility  will  be  implemented  until  2010.  In  the  framework  of  the  structural  funds, 
specific attention and support is given for setting-up of a sound and transparent financial management 
of the EU funds which is a process linked to the fight against corruption. Technical assistance will be 
provided for project monitoring, evaluation and control, as well as for developing of an effective Single 
Management Information System able to provide also transparent information on fund interventions and 
absorptions.  During  the  compliance  assessment  exercise  EC  auditors  will  look  on  systems  set  up  in 
Bulgaria, including the readiness to fight fraud and corruption. TAIEX organized a substantial number 
of  activities  in  the  area  of  justice  and  home  affairs  in  Bulgaria  and  still  keeps  budget  available  for 
activities in the future. 
In  order  to  identify  possible  assistance  gaps  and  to  ensure  that  a  full  range  of  support  is  available, 
relevant EU and bilateral assistance provided to Bulgaria since 2003 is summarized in a list attached to 
this report. The list has been established on the basis of information available within the Commission 
and on the basis of information communicated by Member States. Not all data on individual projects 
could be listed and aggregated data has been given preference to allow better readability. However, the 
full available set of information has been shared with Bulgaria and the suggestions in this chapter have 
been discussed with the Bulgarian authorities. 

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the  sharing  of 

witness  protection  programmes, 
intelligence  and 
methodologies,  the  secondment  of  technical  experts  to  bodies  fighting  organised 
crime  and  corruption  and  the  creation  of  institutional  partnerships  in  this  area. 
Exchange  programmes  and  scholarships  with  institutions  such  as  the  new  National 
Security  Agency,  the  Supreme  Judicial  Council  and  its  inspectorate  or  the 
investigation  and  prosecution  services  dealing  with  high-level  corruption  and 
organised crime could be further priorities. 

financial 

4. 

CONCLUSION  

In its first year of EU membership Bulgaria has continued to make efforts to remedy 
weaknesses  that  would  otherwise  prevent  an  effective  application  of  EU  laws, 
policies and programmes. However, in key areas such as the fight against high-level 
corruption and organised crime, convincing results have not yet been demonstrated.  

The technical update which is provided in this report does not constitute an in depth 
assessment of progress under the benchmarks but the situation on the ground gives 
rise to concerns which need to be addressed before the Commission carries out a full 
assessment  in  June.  Whereas  Bulgaria's  efforts in judicial reform (benchmarks 1-3) 
and  fighting  corruption  on  its  borders  continue  to  show  progress,  actions  to  fight 
corruption  within  local  government  and  vulnerable  sectors  such  as  healthcare  and 
education (benchmark 5) should be strengthened. Bulgaria should in particular step 
up  efforts  to  fight  high-level  corruption  (benchmark  4)  and  organised  crime 
(benchmark 6).  

The Commission recognises the important effort made to produce a credible Action 
Plan.  However,  the  Action  Plan  needs  coherence  in  some  parts,  and  needs  to  fill 
some gaps. Some activities need to be more fully explained, deadlines should be set 
and  institutions  responsible  for  carrying  out  the  various  actions  need  to  be  clearly 
identified.21 The Commission proposes that the Action Plan should be corrected on 
these points. 

21 

Proposed actions under judiciary reform (benchmark 3) and in particular under the legal framework for 
the judiciary (benchmarks 1 and 2) are detailed and credible. The Action Plan for benchmarks 4, 5 and 
6, by contrast, is lacking precise targets and meaningful performance indicators. The measures proposed 
(such as awareness-raising campaigns etc.) do not reflect the level of commitment necessary to tackle 
the  issues  concerned.  They  also  fail  to  set  out  the  necessary  underlying  operational  framework.  For 
example,  measure  1.4  under  benchmark  5  mentions  annual  inquiries  at  key  border  posts  with 
passengers and truck drivers on the behaviour regarding corruption of border post officials. To monitor 
progress more precisely such enquiries could be conducted every month or every three  months at the 
most vulnerable border posts. They could be conducted together with an independent organisation. The 
enquiries could also be linked to an operational action plan regarding these border posts by setting up a 
detailed  agenda  for  controls,  inspections,  training  etc.  Such  an  operational  action  plan  could  then  be 
based  on  qualitative  data  that  allows  for  an  analytical  risk  assessment.  The  continuous  update  of  the 
Action Plan should be rigorously monitored by a strong central operational coordination mechanism. 

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Overview of EU Assistance provided to Bulgaria in the area of Judicial Reform and the 
Fight against Corruption and Organised Crime22 

ANNEX  

Benchmarks  1  and  2:  Independence  and  Accountability  of  the  Judicial  System; 
Transparency and Efficiency of the Judicial Process 

Projects  focusing  on  the  revision  and  implementation  of  the  Bulgarian  judicial  procedure 
codes  and  projects  strengthening  key  institutions  in  the  judicial  system  such  as  the  Senior 
Judicial  Council  and  the  Prosecution  Office  have  been  implemented.  The  application  of 
procedural legislation will continue to be supported through the Transition Facility. 

Phare 2004-2006: 

•  Strengthening  the  Bulgarian  Judiciary  –  Implementation  of  the  new  penal  procedures  code; 
strengthening  the  interagency  cooperation  between  public  prosecutor’s  office  (PPO)  and  other 
concerning bodies in fighting organised crime and corruption (Oct 2006-Apr 2008: 878.600 EUR) 
•  Strengthening the Supreme Judicial Council and improvement of magistrates' status (until Jul 2007: 1,2 

MEUR) 

•  Remedy the Civil and Penal Procedures (ended early 2007: 1.2 MEUR) 

Transition Facility 2007: 

•  Strengthening the uniform application of the new procedural legislation in Bulgaria (1,6 MEUR) 

Main Bilateral Projects: 

•  Consultations  to  national  legislation  and  further  training  in  criminal  law,  harmonization  of 

European Law and various topics, e.g. legal aid (2007: 88.000 EUR) 

Main Projects with a total budget of at least 4.8 MEUR 

22 

PHARE: Budgetary figures include Bulgarian national co-financing.  
Bilateral Projects: Only larger bilateral projects are taken up in this list. In addition, various assistance 
missions, study visits and smaller activities have taken place. 

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Benchmark 3: Judicial Reform 

An important budget for investment into IT technology and for training and strategic advice 
on structural reform of the judiciary was made available. Substantial support has been given 
to the establishment of a witness protection system. Future projects continue training activities 
and  strengthen  court  management.  Bilateral  projects  focused  on  various  aspects  of  judicial 
reform including training and capacity building. 

Phare 2004-2006: 

Judicial Cooperation in Penal and Civil Matters (until 09/2007; 1 MEUR) 

•  Training of magistrates and administrative staff (1,2 MEUR) 
• 
•  Support for the Establishment and Strengthening of a Witness Protection System (6.2 MEUR) 
•  Several Projects investing into Information Technology for the Judiciary and providing Technical 

Assistance (total approx. budget 43 MEUR) 

Transition Facility 2007: 

•  Strengthening the public management of the judiciary and court administration (1,8 Mio EUR) 
•  Further steps towards a higher quality of training in the judiciary (780.000 EUR) 

European Social Fund: Operational Plan 2007-2013 (Administrative Capacity): 

The ESF will fund several projects on the improvement of professionalism, transparency and accountability of 
the  Bulgarian  judicial  system  for  a  total  budget  of  12  MEUR.  Project  objectives  include  monitoring  of  the 
Administrative  Procedure  Code;  development  of  IT  systems;  development  and  capacity  building  of  the 
administrative court system; development of the Unified Information System. 

Bilateral Projects: 

•  Consultation  to  national  legislation  and  further  training  in  administration  of  justice, 
administrative  law  and  various  topics:  quality  management  workshops  for  judges  and 
prosecutors (until Dec 2007: 38.000 EUR) 

•  Establishing  European  Union  Law  Documentation  Centre  for  the  Judiciary(Apr  2006-Mar 

2008: 350.000 EUR) 

•  Strengthening  the  capacity  of  the  Ombudsman  of  BG  and  the  local  public  mediators  to 
protect  human  rights,  counteract  corruption  and  promote  good  governance  (Jan  2007-
Dec2008: 350.000 EUR) 

•  Strengthening of institutional capacity of SIRENE bureau (in preparation: 325.000 EUR) 

•  Rendering of advice on strategic issues relating to the conceptual framework of the reforms 
of  the  structure  of  the  Prosecutor’s  Office  of  the  Republic  of  Bulgaria  (Jan-Sept  2007: 
74.500 EUR) 

•  Continued Development of Judiciary Training Capacities (Mar-Nov 2007: 35.000 EUR) 

•  Better Legal Training for magistracy (Apr 2006-2008: 101,000 EUR) 

•  Prosecution Office Reform (Jun 2006-2008: 80,700 EUR) 

Main Projects with a total budget of at least 65.4 MEUR 

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Benchmark 4: High-Level Corruption 

Several successive EU projects on capacity building for the fight against corruption have been 
implemented  since  2004.  This  support  will  continue  through  both  Phare  and  the  Transition 
Facility.  A  number  of  bilateral  advisers  are  active  in  this  area  and  individual  missions  and 
training courses have been carried out through bilateral funds. 

Phare 2004-2006: 

•  Strengthening  the  Capacity  of  the  Anti-Corruption  Commission  to  Counteract  Corruption  in  Public 
Administration and Judiciary and the relevant law enforcement bodies - Technical Assistance (several 
projects since 2004, total budget: 7.2 Mio EUR) 

Transition Facility 2007: 

•  Civil Society Development in the area of anti-corruption fighting (1,15 Mio EUR) 

•  Elaboration and strengthening of the Human Resources Management System in the Ministry of Interior 

as a factor in the fight against corruption among its personnel (1,5 Mio EUR) 

Main Projects with a total budget of at least 9.85 MEUR 

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Benchmark 5: Local Corruption / Corruption at Borders 

The  EU  has  heavily  invested  in  Border  Control  and  in  improving  the  effectiveness  of 
Bulgarian police since 2003. A number of bilateral projects have also reinforced institutional 
capacity  in  this  area.  However,  no  larger  projects  directly  addressing  prevention  aspects  of 
local  corruption  and  corruption  in  vulnerable  sectors  such  as  education  and  have  been 
implemented. 

Phare 2003-2006: 

•  11  large  projects  modernising  Border  Police  equipment,  implementing  EU  best-practice  in  border 
control and improving the operative capacity of border police have been implemented since 2003/2004. 
(total budget: approx. 90 MEUR) 

•  Several  projects  address  the  general  modernisation  of  Bulgarian  Police  and  the  improvement  of  its 

efficiency (total budget: approx. 25 MEUR) 

Bilateral Projects (examples): 

•  Enhancing Anti-Corruption Practices within the Bulgarian Law Enforcement Agencies (Nov 

2006 -Feb 2007) 

•  Border Justice (Aug 2006-Mar 2007: 125,000 EUR) 

Main Projects with a total budget of at least 115 MEUR 

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Benchmark 6: Organised Crime 

As yet, assistance for capacity-building of the key institutions responsible for the fight against 
organised crime has been relatively limited, except for important investment into Police. For 
the  future  an  important  budget  for  training  and  capacity  development  in  this  area  has  been 
foreseen. Bilateral projects focussed on a number of specific areas such as drugs trafficking, 
human trafficking or money laundering. 

Phare 2004-2006: 

•  Modernising Bulgarian Police and Enhancing its efficiency (several projects since 2004, total budget: 

16.46 MEUR) 

•  Further  strengthening  police  investigation  capacity  (crime  statistics,  undercover  operations  and 

investigative techniques and forensics) (900,000 EUR) 

• 

Improving  of  the  Co-operation  between  the  Financial  Intelligence  Agency  and  the  Obligated  Entities 
Enlisted by the Law on Measures against Money Laundering (150,000 EUR) 

•  Further Strengthening the Administrative Capacity of the Public Prosecutor’s Office for fighting money 
laundering,  organized  crime  and  corruption  on  the  high  levels  with  an  accent  on  confiscation  of 
property acquired by crime (155,000 EUR) 

• 

Improvement of Forensic Capacity for the Inspection of Crime Scenes (Phare 2006: 1.6 MEUR) 

Transition Facility 2007: 

•  Enhancement of the administrative capacity of the Police in counteraction to drug crimes at national and 

regional level (600.000 EUR) 

•  Enhancement of the Ministry of Interior's capacity to fight organised crime (1 Mio EUR) 

•  Enhancement  of  the  capacity  of  the  Bulgarian  police  through  the  introduction  of  EU  models  and 

methods for crime analysis (580.000 EUR) 

•  Further  strengthening  the  administrative  capacity  of  the  Financial  Supervision  Commission  (money-

laundering) (450.000 EUR) 

• 

Improving and extending the level of training in the field of countering organized crime for Bulgarian 
MoI (620.000 EUR) 

•  Further strengthening forensic capacity of the expert services of Ministry of Interior for collection and 

examination of material traces for crime scenes (525.000 EUR) 

Bilateral Projects: 

• 

• 

Illegal Migration (Nov 2007-Jun 2008: 24.000 EUR) 

“Development of a child-rights methodology to identify and support child victims of traffic” 
(Dec 2005-2007: 214.908 EUR) 

•  Raising the effectiveness of the Financial Intelligence Agency in monitoring of anti-money 
laundering  and  anti-terrorist  financing  compliance  in  entities  of  the  non-financial  sector 
(Jun-Nov 2007: 51.000 EUR) 

•  Explosives, Firearms, Ammunitions (Feb-Aug 2007: 39.500 EUR) 

•  Fight against money laundering 

•  Police  cooperation  programmes  on  (1)crime  management  (2)  trafficking  in  human  beings 

and illegal migration, (3) police and ethics 

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•  Combating Money Laundering (Nov 2006-Jun 2007: 35,140 EUR) 

•  Murder Investigation – Building Capacity (Jul06-Mar 2007: 24,770 EUR) 

• 

• 

Identity Document Fraud Unit (Apr 2006-2007: 282,000 EUR) 

Improving  anti-drugs  intelligence  capacity  of  BG  Customs  Agency  (Nov  2006-Dec  2007: 
105,000 EUR) 

Main Projects with a total budget of at least 22.96 MEUR 

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