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2008 Assessment

Bulgaria: Integrity Indicators Scorecard

Bulgaria: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
74	Is there an agency (or group of agencies) with a legal mandate to address corruption?	100
75	Is the anti-corruption agency effective?	81
76	Can citizens access the anti-corruption agency?	63

Indicator and sub-Indicator Details

Is there an agency (or group of agencies) with a legal mandate to address corruption?

74: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments: The State Agency for National Security was established in January 2008 with specific functions (among others) of fighting corruption of high-ranking politicians and state officials.

References: Law on State Agency for National Security (Article, 4, 4): [ LINK ]

Peer Review Comments: [ LINK ].

The Commission on Prevention and Counteraction of Corruption (CPCC), established by Decision No. 61/2.2, 2006 of the Council of Ministers is the body that is responsible for establishment of the priorities of state anti-corruption policy and approaches to effective prevention and counteraction of corruption. In addition, they are responsible for the overall control and coordination of the implementation of the strategy for transparent governance, prevention and counteraction of corruption for the period 2006-2008.

Peer Review Comments: Bulgaria also has a commission for prevention and countering corruption under the Ministry Council; a General Inspector under the Ministry Council who is directly subject to the Prime Minister and inspectors at many ministries. There is a commission to combat corruption in the judicial system (under the Supreme Judicial Council) and the Special Judicial Board to investigate high-level corruption cases.

Is the anti-corruption agency effective?

75a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments: The agency has formal organizational and operational independence from the government. The chief of the State Agency for National Security is appointed by the president upon proposal of the government. Agency employees have the statute of civil servants and have the same protections as other civil servants.

References: Law on the State Agency for National Security (Article 4, 4): [ LINK ]

Peer Review Comments: However, the Commission to Prevent and Combat Corruption and the General Inspectorate of the Ministry Council are not totally independent from the executive power; that is, from political interference.

75b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: It is too early to assess to what extent the State Agency for National Security is protected from political interference. During the study period, there were no publicly known cases demonstrating attempts of political interference. However, after the study period, on September 29, 2008, it became clear that the agency had checked the lists with the mobile phone calls of several members of Parliament (MPs) without adequate justification. Earlier, the agency investigated and shut down an Internet news portal (Dangerous News) due to an alleged leak of classified information. Soon after this, a journalist who is believed to be behind the above mentioned website was attacked and seriously injured. These events provoked controversy and serious doubts about the effectiveness of the newly established agency and its function to counteract corruption and organized crime.

References: Interview with Yonko Grozev, lawyer, Centre for Liberal Strategies, Sofia, August 20, 2008.

Peer Review Comments: Some of the structures that should play an important role in the fight against corruption, namely the Commission to Prevent and Combat Corruption and General Inspectorate, are within the structure of the Executive Power. They depend on it financially, organizationally and as staff, which is nominated by the Executive Power. The budget of the Commission to Prevent and Combat corruption (under the Supreme Judicial Council) is allocated by Ministry of Justice (an executive institution).

75c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: So far, there have not been any politically motivated attempts to remove the head of the State Agency for National Security.

References: Interview with Yonko Grozev, lawyer, Centre for Liberal Strategies, Sofia, August 20, 2008.

Peer Review Comments: After the time period of this report, the deputy director of the State Agency for National Security was removed from office. This action demonstrates that the head (or commanding staff) is not protected against arbitrary dismissals. There are other cases of chiefs of such agencies (for combating both corruption and organized crime) being removed for seemingly political reasons.

75d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments:

References: Interview with Yonko Grozev, lawyer, Centre for Liberal Strategies, Sofia, August 20, 2008.

Peer Review Comments: In general, yes. But the political or personal preferences still play an important role.

75e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: Interview with Yonko Grozev, lawyer, Centre for Liberal Strategies, Sofia, August 20, 2008.

75f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments: The State Agency for National Security is a very new institution, but so far, there have not been any reports about funding problems.

References: The State Agency for National Security is a very new institution, but so far, there have not been any reports about funding problems.

75g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: There are no legal obligations for the State Agency for National Security to make regular public reports. This is because the agency is a policing and investigative body that needs a certain level of secrecy. An annual activity report will be submitted to the Parliament. The agency gives information about its activities to the president, the prime minister and the Parliament.

References: Law on National Security National Agency (Articles 131,132): [ LINK ]

Peer Review Comments: The Commission for Counteraction and Prevention of Corruption, however, provides reports on the implementation of the National anti-corruption strategy and the program for its implementation on a regular basis. [ LINK ].

Peer Review Comments: It has not yet been precisely established by law to whom this Agency is accountable. There are still discussions on the issue taking place in Parliament and in the mass media.

75h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: It is still very early to assess this with precision.

References: Interview with Yonko Grozev, lawyer, Centre for Liberal Strategies, Sofia, August 20, 2008.

Peer Review Comments: Since the Agency was established just recently, the problem with staffing has not been solved yet.

75i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: It is still very early to assess this with precision, but so far, there are no considerable results from the investigations initiated by the National Security National Agency. Instead, there are several scandals in which the agency was involved. For example, after the study period, on September 29, 2008, it became clear that the agency had checked the lists with the mobile phone calls of several members of Parliament (MPs) without adequate justification. Earlier, the agency investigated and shut down an Internet news portal (Dangerous News) due to an alleged leak of classified information. Soon after this, a journalist who is believed to be behind the above mentioned website was attacked and seriously injured. These events provoked controversy and serious doubts about the effectiveness of the newly established agency and its function to counteract corruption and organized crime.

References: Interview with Yonko Grozev, lawyer, Centre for Liberal Strategies, Sofia, August 20, 2008.

Peer Review Comments: The political interference with the staff nomination process has an impact on the agency's ability to be fully impartial in its investigations.

Can citizens access the anti-corruption agency?

76a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments:

References: Not much information is available on this topic yet.

Peer Review Comments: Since the citizens do not rely on the Agency (or other public institutions dealing with corruption) to bring alleged cases of violation to justice, they often refrain from reporting such abuses. Devoid of public support, those institutions are insufficiently effective in preventing or investigating those crimes.

76b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments: Generally, not many people in Bulgaria are ready to report corruption due to very low confidence in law enforcement agencies.

References: Studies of Center for the Study of Democracy: [ LINK ]

Peer Review Comments: Citizens refrain from reporting cases of corruption not as much out of fear of recrimination, but due to a lack of confidence that the law enforcement and judicial institutions will bring the cases to an end by indicting or dismissing the perpetrator from his job.