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The Global Integrity Report (report.globalintegrity.org)
2007 Assessment

Bulgaria: Integrity Indicators Scorecard

Bulgaria: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators   Score
71 In law, is there an agency (or group of agencies) with a legal mandate to address corruption? 100
72 Is the anti-corruption agency effective? 61
73 Can citizens access the anti-corruption agency? 63

Indicator and sub-Indicator Details

71 In law, is there an agency (or group of agencies) with a legal mandate to address corruption?
 
  71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?
 
Score: YES  NO score
  Comments: In December 2007 the Parliament was discussing a draft law on a State Agency of National Security, whose prerogatives include the fight against serious cases of corruption. The draft law was passed at the very end of the year and the agency is going to become operative from 2008.

References: There is a variety of agencies and commissions that are specifically designed to target corruption. Some of them have no investigative powers, such as the Commission on Prevention and Countering of Corruption (which is a coordinative body at the level of the government, headed by the Minister of Interior: See the website of the council of ministers: Penal Code, Art. 321. Several other executive agencies have prerogatives in the fight against corruption, including investigative powers.

Peer Review Comments: There is no specific agency specifically designed to target corruption. There are only commissions and other smaller bodies within some government institutions or the Parliament. Beginning in 2008, the State Agency of National Security will operate. Its prerogatives, among many others, must include the fight against serious cases of corruption.

Peer Review Comments: There is also a parliamentary Combating Corruption Committee. See [ LINK ].

72 Is the anti-corruption agency effective?
 
  72a: In law, the anti-corruption agency (or agencies) is protected from political interference.
 
Score: YES  NO score
  Comments: The commission in the first source is independent of the government.

The executive Commission on the Prevention and Countering of Corruption is a governmental body, which has no institutional guarantees for independence. The same is true of government agencies, such as the Unit for the Fight against Organized Crime.

The new State Agency on National Security will have institutional guarantees of independence, such as a fixed term in office for its chairman, direct accountability to parliament, etc.

References: Parliamentary Anti-corruption Commission, www.parliament.bg

Peer Review Comments: There is no such agency, and the existing bodies are related to the ruling coalition.

  72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.
 
Score: 100  75  50  25  0  score
  Comments: The current model of control and monitoring is to a large extent government-dominated through a political majority in parliament.

References: Interviews with Yonko Grozev, CLS, and Stefan Popov , risk monitor, November 2007

Peer Review Comments: The new State Agency on National Security will have some institutional guarantees of independence, such as a fixed term in office for its chairman, direct accountability to Parliament, etc. But still, the chairman was elected from among the circle of the ruling Bulgarian Socialist Part. Indeed, the current chairman was an officer in the communist State Security before 1989.

  72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.
 
Score: 100  75  50  25  0  score
  Comments:

References: Interviews with Yonko Grozev, CLS, and Stefan Popov , risk monitor, November 2007

Peer Review Comments: We will see when the agency starts its work.

Peer Review Comments: As the heads of the anticorruption bodies are political appointees (for example, ministers etc), there is no guarantee against unjustified dismissal.

  72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.
 
Score: 100  75  50  25  0  score
  Comments: The existing problems are not so much with the professional qualities of the appointees. Rather, the problems are more structural.

References: There are no reports suggesting that appointments to these bodies are heavily politicized. See Report of the Centre for the Study of Democracy, [ LINK ]

Peer Review Comments: The chairman who was just elected is from among the circles of the ruling Bulgarian Socialist Party and was an officer in the communist State Security Services before 1989. It is hard to believe that only his professional qualities were decisive in his election, because there are many other professionals worthy election.

  72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.
 
Score: 100  75  50  25  0  score
  Comments:

References: Study of the Centre for the Study of Democracy, [ LINK ]

Daniel Smilov, Anti-corruption Bodies as Discourse-Controlling Instruments (forthcoming in an edited volume (Peter Larmour and Luis de Sousa) from Routlege.

Peer Review Comments: When such an agency begin its work in 2008, it will have a full-time staff.

  72f: In practice, the anti-corruption agency (or agencies) receives regular funding.
 
Score: 100  75  50  25  0  score
  Comments:

References: There are no reported problems of underfunding of existing structures. For a general overview, see [ LINK ]

Peer Review Comments: When formed, it will use state budget funding.

Peer Review Comments: The present anticorruption commissions established within the executive, judiciary and legislative branches, as well as the Chief Inspectorate, have no separate budget and are heavily underfunded. In order to initiate certain activities, they have to rely on different PHARE-funded projects or on the budget of their members (for example, ministries). The National Anticorruption Strategy and its action plan do not envision a special budget for its implementations.

  72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.
 
Score: 100  75  50  25  0  score
  Comments: Reporting is quite regular: most of the agencies provide data, at least annually. Some of the data are included in the regular reports of the Public Prosecutor before parliament, which are Constitutionally required. Others are published electronically on the governmental Web sites. The source provides a recent example.

References: [ LINK ]

Peer Review Comments: The existing bodies--not agencies--provide such data, at least once annually. Some of the data are included in the regular reports of the Public Prosecutor to Parliament, which are constitutionally required. Others are published electronically. We will see what the practice of the new agency will be, because it is not orientated only to corruption; corruption is only one of its priorities.

  72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.
 
Score: 100  75  50  25  0  score
  Comments: The combination between different anti-corruption commissions and executive agencies such as the structures of the Ministry of Interior and the anti-corruption units at the Prosecutor's Office have all necessary powers.

References: The combination between different anti-corruption commissions and executive agencies such as the structures of the Ministry of Interior and the anti-corruption units at the Prosecutor's Office have all necessary powers.

Peer Review Comments: No single agency has such powers, but if all anticorruption structures work in a coordinated manner, they have all the needed powers to investigate corruption offenses.

  72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.
 
Score: 100  75  50  25  0  score
  Comments: I am skeptical of the possibility to assess the efficiency of such agencies in such general terms. Since there are no criteria for performance measurement, all such ratings will be questionable. The general opinion of Bulgarian experts is that the performance of these bodies deserves criticism. They do initiate investigations, but these rarely lead to convictions.

References: I am skeptical of the possibility to assess the efficiency of such agencies in such general terms. Since there are no criteria for performance measurement, all such ratings will be questionable. The general opinion of Bulgarian experts is that the performance of these bodies deserves criticism. They do initiate investigations, but these rarely lead to convictions.

Peer Review Comments: There is no case of initiating investigations but rather of creating a public opinion.

Peer Review Comments: The new National Security Agency will have more efficient institutional power and means to combat corruption.

73 Can citizens access the anti-corruption agency?
 
  73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: The Parliamentary Commission can be appealed to by citizens, as well as bodies within the Ministry of Interior.

References: There have been no reports of systematic disregard of complaints.

Peer Review Comments: There have been no reports of what percentage of complaints have been handled and how quickly.

  73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.
 
Score: 100  75  50  25  0  score
  Comments: No legislative whistle-blowing protections exist.

References: Interviews with Yonko Grozev, Centre for Liberal Strategies, Sofia, November 2007.

Peer Review Comments: No, and for this reason many of the complaints are anonymous.

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