BULGARIA REFORM LAGGING, REPORT SAYS

By Matthew Brunwasser International Herald Tribune

SOFIA In sharp and uncompromising language, an internal European Union report says what EU officials are unable or unwilling to say publicly: Bulgaria's strategy for judicial reform, the area of greatest EU concern less than nine months before the Balkan state plans to join, is chaotic and out of touch with the principles of the bloc.
 
The report, the latest review by EU experts of Bulgaria's preparations for membership, denounces "open nepotism" in the appointment of judges and criticizes recently enacted laws as of "relatively low technical quality" and "still not sufficiently operable."
 
The report coincides with media speculation here that the European Commission might uncouple Bulgaria from Romania when it issues its May 16 recommendation on whether the two Balkan countries should join the EU on Jan. 1. The two are scheduled to enter at the same time, but if the enlargement commissioner, Olli Rehn, finds that either country is not ready, he can recommend delaying entry by one year.
 
However, the report's author, Susette Schuster, a German judge formerly based in Bulgaria for the EU, said in a telephone interview Thursday that this was unlikely.
 
The internal report, the fourth such review of Bulgaria's judiciary, is based on four days of meetings in late February. The report was made available to the International Herald Tribune by a nongovernmental organization.
 
On Bulgaria's progress in judicial reform since October 2005, the report says, "There are no tangible improvements to report since the last peer review."
 
Even constitutional amendments adopted on March 30 "display a state of confusion" about Bulgaria's strategy for judicial reform, the report states, adding that the drafters of the amendments had "obviously" been unaware of the Bulgarian Justice Ministry's commitments to the EU, raising "doubts how serious the program on Strategy for Reform is taken by the Bulgarian government itself."
 
"To the expert," Schuster wrote, "the way these crucial and extremely sensitive amendments were drafted is a clear sign of the lack of structure and vision in implementing a legal reform strategy and additionally the complete lack of understanding of the meaning of basic principles shared by the EU member states, e.g. the rule of law and the independence of the judiciary."
 
Another serious concern, she wrote, is "the scale of distrust of the Bulgarian population against their own judicial system." If the country's citizens do not trust the judiciary, she added, "why should the member states?"
 
The language was milder in peer reviews on other topics such as corruption, organized crime, and border control. One Western diplomat suggested that judicial reform had become a higher priority for the EU because a functioning judicial system would be the most effective deterrent against corruption and organized crime.
 
The enlargement commissioner, Rehn, was more diplomatic when he reported on Bulgaria's progress to the European Parliament's Foreign Affairs Committee on April 3. "All in all, the balance sheet of Bulgaria's judiciary reform is not yet satisfactory," he said. "Accountability, transparency and efficiency of her judiciary system must be enhanced. Ambiguities of independence of the judiciary must be removed."
 
In the telephone interview, Schuster noted that to delay Bulgaria's entry would require a unanimous vote by the European Commission - all 25 member states. "I find this highly unlikely."
 
Delaying Romania's entry, on the other hand, would require only a simple majority. Romania was a greater source of concern a year ago when the treaty was signed, and the EU felt it needed more leverage.
 
Schuster explained the difference today in terms of determination: Bulgaria lacks it and Romania has it. According to Schuster, there is no easy explanation for Bulgaria's attitude.
 
"I think they really need some optimism that things can improve and that it is possible," she added. "It just needs some energy and determination."

On Bulgaria's progress in judicial reform since October 2005, the report says, "There are no tangible improvements to report since the last peer review."
 
Even constitutional amendments adopted on March 30 "display a state of confusion" about Bulgaria's strategy for judicial reform, the report states, adding that the drafters of the amendments had "obviously" been unaware of the Bulgarian Justice Ministry's commitments to the EU, raising "doubts how serious the program on Strategy for Reform is taken by the Bulgarian government”…