Speech by Mr Olli Rehn
Member of the European Commission, responsible for enlargement


"Bulgaria's way to the EU: a fair and efficient judicial system"

18 March 2005


Your Excellencies, Honourable Members, Ladies and Gentlemen,

It is a great honour for me to have the opportunity to address the session of the Bulgarian National Assembly on the occasion of my first visit as the Commissioner responsible for Enlargement.

We are now at a crucial moment of this historic process which started almost six years ago, on the occasion of the Helsinki Summit, when the European Union decided to open negotiations for the accession of Bulgaria to the EU.

The negotiations were formally completed in December 2004 and the Commission delivered its positive opinion on the accession on 22 February this year. The drafting of the Accession Treaty has now been completed. Your colleagues in the European Parliament will soon be asked to give their assent, prior to the signature of the Accession Treaty in Luxembourg on 25 April. This Treaty will then be subject to ratification by Bulgaria and the 25 Members of the European Union.

As from the signature, Bulgaria will receive the status of observer and will be represented in most of the workings of the EU institutions. In particular, 18 Bulgarian representatives will participate in the activities of the European Parliament to watch the interests of Bulgarian citizens and witness the reality of the European Union.

The accession of Bulgaria and Romania will mark the completion of the fifth enlargement. It is also an example for the whole Balkan region. I wish to underline in this respect the specific and acknowledged role of Bulgaria as a model and incentive for fostering democracy and stability in the Western Balkans. The long-standing determination of Bulgaria to join the European and other institutions has been a key element in this process.

The accession to the European Union is now within reach. I know and appreciate the distance travelled so far. Bulgaria has achieved already a great deal in its preparation for membership. This progress must be underlined.

The Bulgarian legislation has been largely aligned with the requirements of the EU legislation, the so-called acquis. This is due to the concerted effort of the Governments in place since the opening of the negotiations and of this honourable house. These efforts must be pursued in order to remedy the remaining shortcomings and open the way for a full enforcement of the body of EU legislation.

The reform of the public administration is moving forward. This progress must continue in order for the citizens and economic operators of Bulgaria to benefit from a good service, ensured by a competent and transparent civil service, independent from pressure. The reinforcement of administrative capacity in various areas must remain a priority.

The economic structures are in the process of adapting to international standards. Bulgaria had a late start to its economic reform, but the continuous trend of economic growth and foreign investments are a proof of the renewal of the economic tissue. Already in 2002, the Commission categorised Bulgaria as having a functioning market economy under the Copenhagen criteria.

Bulgaria must build on this success to now achieve readiness to be part of and derive the full benefits of the internal market. Let me express here our expectation that any remaining legislative provisions or administrative practice discriminating against EU citizens will be abolished without delay. They go against the principle of equal treatment among citizens of the EU.

Furthermore, whilst we welcome the progress achieved over the last year in the field of competition and State aid rules, it is essential that Bulgaria continues to work hard on strengthening its enforcement of these rules. This is imperative for the continued restructuring of the economy.

The overarching challenge for Bulgaria remains the reform of the judicial system. This is the priority of priorities. This is not a reform meant to please the requirements of a European bureaucracy but a reform necessary in order to make the judicial system more efficient, reliable, effective and transparent. Regardless of the political sensitivity of this issue, it needs to be addressed immediately. I was impressed by the good cooperation of all political parties in the reform of the relevant provisions of the Constitution a year and a half ago. I am convinced that the same spirit of unity will prevail again.

This is in particular important as regards the adoption of the new penal procedural code and the structural changes it entails in the pre-trial phase. This reform is indispensable to ensure that Bulgaria has the legal means and resources to apply fully the rule of law and prosecute in a satisfactory manner organised crime and corruption.

Bulgaria must respect the engagement which it undertook in the accession negotiations, namely to carry out the necessary reform in 2005 at the latest.

The mobilisation of all Bulgarian society is needed: corruption and organized crime often go hand-in-hand, both must be fought with equal determination by all and for the benefit of all.

Another point in this respect is the need to dedicate sufficient resources in order to fully implement the existing legislative framework in the area of human rights. Vulnerable citizens must be enabled to take full advantage of this improved legislative environment. I know the efforts already accomplished in designing protection schemes for different categories of the population. Here I would also like to welcome the launch of the Roma decade a month ago in Sofia by the Prime Minister. I trust this will translate shortly into concrete actions and measures.

The clock is ticking. In the remaining 21 months until the planned date of accession, Bulgaria will have to remedy energetically the remaining shortcomings in a wide range of areas. Each day will bring you closer to the realities of membership. This means that from now on, every day, every week, every month counts.

Bulgaria must use this period to complete its preparation to become a fully fledged member of the EU family. It is the moment when Bulgaria must confirm the credit it has gained through the successful accession negotiation process. It is the moment when Bulgaria must demonstrate its capacity to carry out the duties of EU membership and to make a real contribution to the European Union.

We will monitor very closely the respect of the commitments taken in the negotiations and their full implementation. A Comprehensive Monitoring Report will present in the autumn this year a full picture of Bulgaria's readiness for accession. Its scope will cover the entire body of the Community law and the economic criteria. It will also encompass a number of issues related to the application of the requirements of the political criteria.

The objective of the monitoring exercise is to help Bulgaria to target its efforts in order to ensure a smooth transition to membership in January 2007.
Bulgaria is today well on track for accession on condition that progress continues vigorously and if the necessary reforms are put in place, in particular in the judicial system. These efforts will continue to be supported by the European Commission, including through its financial assistance programmes.

It is the duty of the European Commission, as the guardian of the Treaties, including the Accession Treaty with Bulgaria and Romania, to ensure the good functioning of the enlarged Union. In the case Bulgaria falls short of its commitments, we have the possibility to apply remedial measures.

A specific safeguard clause was agreed with both Bulgaria and Romania that allows Member States, based on a proposal by the European Commission, to postpone the planned date of accession of either or both of the countries by one year. This will occur in the case where the country is manifestly unprepared in an important number of areas. Let me point out in this context that the Commission will not hesitate to make use of these remedial measures, including recommending to invoke the specific safeguard clause, in case of necessity and with a view to protecting interests of all parties.

Your Excellencies, Honourable Members, Ladies and Gentlemen,
I know the values and virtues of the Bulgarian nation. I know the spirit of unity can prevail to ensure the interests of this nation. I know also that... Bulgaria is a great footballing nation. Let me conclude by an analogy with this sport.

I remember well when a dozen years ago, Bulgaria won its qualification to the World Cup 1994 after an epic match against the French team. I was told that the commentator of this match, when Bulgaria finally scored for victory, claimed that "God is Bulgarian". This might be true. But I am also convinced that this was not just a miracle. I believe it was due to a sound preparation, to confidence in success, to method, to team spirit and to an overwhelming support of all expressions of the Bulgarian society. I believe it was due to own merits.

The own merits principle has been the leading principle followed by the European Union in the whole enlargement process. It is on own merits that Bulgaria will win its qualification to the premier league of the EU Member States. Now is the time to complete this preparation. Now is the time for national consensus in actions and decisive results.

Thank you for your attention.