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2007 Assessment

Bulgaria: Integrity Indicators Scorecard

Bulgaria: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	95
54	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: The Ombudsman became fully operative only in 2006. It is probably too early to assess its performance.

References: Ombudsman Law

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Ombudsman Law, Arts. 4, 8

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: The first ombudsman in Bulgarian history - Ginyo Ganev - is a former MP, and is generally a consensual figure in Bulgarian politics. His strategy thus far is non-confrontational vis-a-vis the government. Probably the idea is to establish and institutionalize the office, since it anyhow needs to rely on cooperation with other authorities.

There are no visible signs of political pressure on the ombudsman. The institution was set up as a fully operational only in 2006. It is not regarded as a political player (for better or worse).

References: Daniel Smilov, The Impact of EU on the Quality of Democracy in Bulgaria, paper presented in EUI, Florence, December 2007.

Peer Review Comments: However, the chairman was elected from among the circle of the ruling socialist party, which means potential opportunities for interference.

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: Daniel Smilov, The Impact of EU on the Quality of Democracy in Bulgaria, paper delivered in EUI, Florence, December 3, 2007

Peer Review Comments: The institution of the Ombudsman is new. So far there have been no attempts to remove the Ombudsman.

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: [ LINK ]

[ LINK ]

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: www.ombudsman.bg/index.php?action=list&item=articles

Peer Review Comments: The staff was elected from among the circle of the ruling coalition, and some of them are members of the ruling parties, so they cannot be expected to be fully independent.

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: There were initially difficulties in finding an appropriate building, but these were largely resolved in 2007. Most of the regional offices are also operative.

References: No reports in the media regarding the underfunding of the institution.

Peer Review Comments: It receives funding from the state budget.

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments:

References: www.ombudsman.bg/index.php?action=list&item=articles

All reports are published at the website of the institution. The report for 2005 is available in English as well.

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The Office of the Ombudsman is quite active. One may question some of his policies, but generally the Ombudsman has initiated a lot of investigations. The number of complaints is around 3000 per year as of 2006 and rising. Thus far there have been no independent studies of its efficiency.

References: Reports of the institution, www.ombudsman.bg/index.php?action=list&item=articles

Peer Review Comments: Actually, it does not initiate investigations. But public opinion on hot topics and the making of public statements, together with similar pressure from other organizations or media, eventually could lead to public intolerance of certain problems. The public pressure could then lead to investigations initiated by other institutions.

Peer Review Comments: Because of the relative short period of time the ombudsman office has been active, it is very difficult to assess its effectiveness.

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: This question should be clarified. In law, the Bulgarian Ombudsman has no powers to impose penalties. He could only address other institutions and ask them to impose penalties. Generally, the Ombudsman has been involved in such proceedings. Again, one could doubt some of the policies of this institution, but the fact is that it is operational and it uses its capacities, no matter how formally weak they are.

References: This question should be clarified. In law, the Bulgarian Ombudsman has no powers to impose penalties. He could only address other institutions and ask them to impose penalties. Generally, the Ombudsman has been involved in such proceedings. Again, one could doubt some of the policies of this institution, but the fact is that it is operational and it uses its capacities, no matter how formally weak they are.

Peer Review Comments: In law, the Bulgarian Ombudsman has no power to impose penalties.

Peer Review Comments: The Bulgarian ombudsman has no power to impose penalties. See [ LINK ].

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments: There have been no serious conflicts between the Ombudsman and other institutions. Generally, he has a working relationship with the government.

References: Reports of the Center for the Study of Democracy on the Ombudsman institution, [ LINK ]

Peer Review Comments: Actually, the public making statements on some hot issues, together with similar from other organizations or the media, can lead the ombudsman to recognize public intolerance to certain problems. That public pressure could lead the government to act on certain problems.

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: Reports of the Ombudsman institution, www.ombudsman.bg

Peer Review Comments: There are no statistics about how many citizen complaints are left without a real outcome.

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: Ombudsman Law, Art. 22

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: They are found online: [ LINK ]

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: They are online: [ LINK ]