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R E P O R T
Incoming Ref. No. 253-03-74/10 July 2012
SUBJECT: Debate and adoption of rules for the election of candidates for members of the Supreme Judicial Council of the quota of the National Assembly

At a sitting held on 10 July 2012, the Legal Affairs Committee debated and adopted rules for the election of candidates for members of the Supreme Judicial Council of the quota of the National Assembly.
The hearing of the candidates and the conduct of an election of members of the SJC will be carried out successively according to the procedure established by Article 130 (3) of the Constitution of the Republic of Bulgaria and Articles 19, 19a and 19b of the Judicial System Act.

I. General part

In connection with the election by the National Assembly of eleven members of the Supreme Judicial Council, which is forthcoming in 2012, the Legal Affairs Committee, conforming to the requirements of the Constitution of the Republic of Bulgaria and the Judicial System Act, hereby moves for adoption rules which cover:
- nominating candidates by National Representatives, including provision of reasons and submission of documents required under the law;
- making public the nominations, together with the candidates’ documents and the concepts attached to them;
- affording an opportunity to not-for-profit legal entities registered for pursuit of public benefit activities, higher schools and research organisations to present observations on the candidates and to pose questions to them;
- public hearing of the candidates for members of the SJC by the Legal Affairs Committee at the National Assembly;
- preparing a reasoned opinion of the Legal Affairs Committee of the National Assembly and of a draft resolution on rules of procedure for the election;
- holding an open plenary sitting of the National Assembly, broadcast live on the Bulgarian National Television, the Bulgarian National Radio and on the Internet through the specialised thematic webpage;
- presenting the candidates, posing questions to them and holding a debate;
- taking a vote and electing members of the SJC.
To guarantee maximum publicity and transparency of the procedure for election of members of the Supreme Judicial Council, a specialised thematic webpage, entitled Election of Supreme Judicial Council, has been opened on the Internet site of the National Assembly on the initiative of the Legal Affairs Committee.
The purpose of the webpage is to enlist the partnership of the institutions, civil society and all segments of society holding a stake in the election. The documents and materials received which are relevant to the subject, shorthand protocols and decisions of the Legal Affairs Committee will be posted on that webpage. The sittings related to the hearing and the election of members of the Supreme Judicial Council will be broadcast in real time through that webpage.
The webpage will be available in Bulgarian and English language versions and will be updated periodically.

II. Nominating candidates, presenting documents and hearing the candidates for members of the Supreme Judicial Council

Nominating candidates for members of the Supreme Judicial Council

1. The nominations for candidates for members of the Supreme Judicial Council of the quota of the National Assembly will be submitted by National Representatives from 11 July 2012 until 24 July 2012. They must be addressed to the specialised standing committee care of the record-keeping department of the National Assembly. The nominations will be submitted subject to the condition that the candidate has given prior written consent in a standard form and must be accompanied by detailed reasons in writing. The following documents must be attached to the nominations:
● a detailed curriculum vitae;
● a declaration related to the requirements for eligibility under Item 10 of Article 18 (1) of the Judicial System Act, completed in a standard form;
● a photocopy of a diploma certifying graduation in Law from a higher educational establishment;
● documents certifying the required length of service: a career record information form on the candidate, a copy of a work book or a social-security book, an information form or a certificate issued by the institution concerned etc.;
● a conviction status certificate;
● a certificate issued by the National Investigation Service on pre-trial proceedings instituted.
2. The nominated candidates must conform to the requirements established by Article 130 (2) of the Constitution of the Republic of Bulgaria and by Article 17 and Article 18 of the Judicial System Act.


Making documents publicly available

1. The nominations, accompanied by a detailed career record of the candidates and the documents covered under Item 1 of Section “Nominating candidates for members of the Supreme Judicial Council”, will be posted on the specialised thematic webpage of the Internet site of the National Assembly within three working days after their receipt. The name and the reasons of the National Representative who put forward the respective nomination will be posted as well.
2. The nominations and the documents covered under Item 2 will be published in accordance with the Personal Data Protection Act and the Classified Information Protection Act. All data in the documents of the candidates for members of the Supreme Judicial Council which constitute personal data within the meaning given by the Personal Data Protection Act will be sanitised.
3. Within 14 days after the publication of the nominations, each candidate will present to the Legal Affairs Committee a concept of his or her work as a member of the Supreme Judicial Council in hard copy and in soft copy, as well as a declaration disclosing his or her financial interests and the origin of the funds on which he or she has acquired his or her property, completed in a standard form proposed by the Committee and by the Supreme Judicial Council and endorsed by the Minister of Justice.
4. Within three working days after their receipt, the concept and the declaration will be posted on the specialised thematic webpage of the Internet site of the National Assembly.
5. Not-for-profit legal entities registered for pursuit of public benefit activities, higher schools and research organisations have until 3 September 2012 to submit to the Committee observations on the candidates, including questions to be posed to them. The submissions must be sent by post to the address of the Legal Affairs Committee, 1 Knyaz Alexander I Sq., Sofia, or in an electronic form to e-mail: kpv1@parliament.bg. Anonymous observations and alerts will not be considered.
6. The observations and questions as submitted will be posted on the specialised thematic webpage of the Internet site of the National Assembly within three days after their submission. Specific data constituting classified information, as well as facts of the persons’ private life, will not be published.
7. At a separate sitting preceding the hearing, the Legal Affairs Committee will verify the candidates’ documents as to admissibility, and the candidates will be notified of the results of this verification and an alphabetical list of the forenames, patronymics and surnames of the candidates admitted to a hearing will be compiled. This list will be posted on the specialised thematic webpage of the Internet site of the National Assembly.
8. Candidates will not be admitted to a hearing unless they have submitted:
● the documents specified in Item 1 of Section “Nominating candidates for members of the Supreme Judicial Council”;
● a declaration disclosing their financial interests and the origin of the funds on which they have acquired their property;
● a concept of their work as a member of the Supreme Judicial Council.
Candidates who, despite the instructions given, have failed to cure the deficiencies found in their documents within the time limit set by the Committee, where conformity of the candidate with the requirements of the law is to be inferred from these documents, will not be given a hearing, either.


Hearing of candidates nominated for members
of the Supreme Judicial Council

1. The hearing will be held at an open sitting of the Legal Affairs Committee at the debating chamber of the National Assembly, starting at 10:00 a.m. on 11 September 2012.
2. The Legal Affairs Committee will hear the candidates as admitted in alphabetical order of their forenames according to a list which will be compiled after receipt of the nominations.
3. The candidates will be presented by a nominator: up to 2 minutes.
4. Personal presentation of the candidate, with an opportunity to add further particulars to his or her career record and to present a concept of his or her work as a member of the Supreme Judicial Council: up to 10 minutes.
5. Questions on the part of National Representatives, including on the basis of the observations received from not-for-profit legal entities registered for pursuit of public benefit activities, higher schools and research organisations: up to 2 minutes.
6. An answer by the candidate after all questions are posed: up to 3 minutes.
7. The National Representatives will judge the moral and professional qualities of each candidate for member of the Supreme Judicial Council, as required by the law, under minimum criteria such as:
● the candidate must not have benefited in a personal capacity, or persons closely linked with him or her must not have benefited, from the office held by the candidate;
● the candidate must not have been in a conflict of interest regarding steps which he or she has performed;
● the candidate must not have acted or omitted to act thereby damaging the prestige of the respective profession;
● the candidate must not have unpaid public obligations;
● the candidate must not have acquired any assets for which a legitimate source has not been identified;
● the candidate must not have been subject to disciplinary proceedings leading to the imposition of the disciplinary sanction of dismissal.

8. The sitting of the Legal Affairs Committee will be broadcast in real time on the Internet through the specialised thematic webpage of the Internet site of the National Assembly.
9. A full shorthand protocol on the hearing will be prepared and will be posted on the specialised thematic webpage of the Internet site of the National Assembly.
10. Within three days after the conduct of the hearing, the Committee will prepare a report on the hearing. This report will be put to the vote at a separate sitting of the Legal Affairs Committee.
The report will contain:
- a motion of the nominations to be debated and put to the vote at the National Assembly;
- a conclusion about the minimum legal requirements for occupation of the position;
- the existence of data, if any, which call into question the moral qualities of candidates;
- an evaluation of the qualification, experience and professional qualities and of the training, qualities and motivation specific to the relevant position;
- an evaluation of the public standing and the public support of the candidates.

11. The report will be submitted to the record-keeping department of the National Assembly not later than 14 September 2012.
12. The report will be posted on the specialised thematic webpage of the Internet site of the National Assembly.

III. Making arrangements for the election of members of the Supreme Judicial Council

1. The Legal Affairs Committee will prepare a draft resolution on adoption of rules of procedure for conduct of an election of members of the Supreme Judicial Council and will lay this draft before the National Assembly for a debate and a vote, attaching to it an alphabetical list of the candidates arranged according to their forenames.
The Legal Affairs Committee hereby moves that the election of members of the Supreme Judicial Council by the full house take place on 26 September 2012.
2. The sitting of the National Assembly for election of members of the SJC will be broadcast live on the Bulgarian National Television, the Bulgarian National Radio and on the Internet through the specialised thematic webpage of the Internet site of the National Assembly.

By a vote of 19 in favour to none against with no abstentions, the Legal Affairs Committee hereby moves the following draft resolutions to the National Assembly:

Draft!
R E S O L U T I O N

On the Adoption of RULES OF PROCEDURE
for Nominating Candidates, Making Documents Publicly Available, Hearing Candidates for Members
of the Supreme Judicial Council and Making Arrangements for the Election of Members of the Supreme Judicial Council of the Quota of the National Assembly

The National Assembly, in pursuance of Article 86 (1) of the Constitution of the Republic of Bulgaria and § 2 of the Supplementary Provisions of the Rules of Organisation and Procedure of the National Assembly,

HAS RESOLVED:

The National Assembly adopts the following Rules of Procedure for Hearing Candidates for Members of the Supreme Judicial Council of the Quota of the National Assembly in 2012:

I. Nominating candidates for members of the Supreme Judicial Council

1. The nominations for candidates for members of the Supreme Judicial Council of the quota of the National Assembly shall be submitted by National Representatives from the 11th day of 2012 until the 24th day of July 2012. The said nominations shall be addressed to the specialised standing committee care of the record-keeping department of the National Assembly. The nominations shall be submitted subject to the condition that the candidate has given prior written consent in a standard form and shall be accompanied by detailed reasons in writing. The following documents must be attached to the nominations:
● a detailed curriculum vitae;
● a declaration related to the requirements for eligibility under Item 10 of Article 18 (1) of the Judicial System Act, completed in a standard form;
● a photocopy of a diploma certifying graduation in Law from a higher educational establishment;
● documents certifying the required length of service: a career record information form on the candidate, a copy of a work book or a social-security book, an information form or a certificate issued by the institution concerned etc.;
● a conviction status certificate;
● a certificate issued by the National Investigation Service on pre-trial proceedings instituted.
2. The nominated candidates must conform to the requirements established by Article 130 (2) of the Constitution of the Republic of Bulgaria and by Article 17 and Article 18 of the Judicial System Act.


II. Making documents publicly available

1. The nominations, accompanied by a detailed career record of the candidates and the documents covered under Item 1 of Section “Nominating candidates for members of the Supreme Judicial Council”, shall be posted on the specialised thematic webpage of the Internet site of the National Assembly within three working days after the receipt thereof. The name and the reasons of the National Representative who puts forward the respective nomination shall be posted as well.
2. The nominations and the documents covered under Item 2 shall be published in accordance with the Personal Data Protection Act and the Classified Information Protection Act. All data in the documents of the candidates for members of the Supreme Judicial Council which constitute personal data within the meaning given by the Personal Data Protection Act shall be sanitised.
3. Within 14 days after the publication of the nominations, each candidate shall present to the Legal Affairs Committee a concept of the work thereof as a member of the Supreme Judicial Council in hard copy and in soft copy, as well as a declaration disclosing the financial interests thereof and the origin of the funds on which the candidate has acquired the property thereof, completed in a standard form proposed by the Committee and by the Supreme Judicial Council and endorsed by the Minister of Justice.
4. Within three working days after the receipt thereof, the concept and the declaration shall be posted on the specialised thematic webpage of the Internet site of the National Assembly.
5. Not later than the 3rd day of September 2012, not-for-profit legal entities registered for pursuit of public benefit activities, higher schools and research organisations may submit to the Committee observations on the candidates, including questions to be posed thereto. Any such submissions must be sent by post to the address of the Legal Affairs Committee, 1 Knyaz Alexander I Sq., Sofia, or in an electronic form to e-mail: kpv1@parliament.bg. Anonymous observations and alerts shall not be considered.
6. The observations and questions as submitted shall be posted on the specialised thematic webpage of the Internet site of the National Assembly within three days after the submission thereof. Specific data constituting classified information, as well as facts of the private life of the persons, shall not be published.
7. At a separate sitting preceding the hearing, the Legal Affairs Committee shall verify the documents of the candidates as to admissibility, and the candidates shall be notified of the results of the said verification and an alphabetical list of the forenames, patronymics and surnames of the candidates admitted to a hearing shall be compiled. The said list shall be posted on the specialised thematic webpage of the Internet site of the National Assembly.
8. Candidates shall not be admitted to a hearing unless they have submitted:
● the documents specified in Item 1 of Section “Nominating candidates for members of the Supreme Judicial Council”;
● a declaration disclosing the financial interests thereof and the origin of the funds on which the candidates have acquired the property thereof;
● a concept of the work thereof as a member of the Supreme Judicial Council.
Candidates who, despite the instructions given, have failed to cure the deficiencies found in the documents thereof within the time limit set by the Committee, where conformity of the candidate with the requirements of the law is to be inferred from the said documents, shall not be given a hearing, either.

III. Hearing of candidates nominated for members of the Supreme Judicial Council
1. The hearing shall be held at an open sitting of the Legal Affairs Committee at the debating chamber of the National Assembly, starting at 10:00 hours on the 11th day of September 2012.
2. The Legal Affairs Committee shall hear the candidates as admitted in alphabetical order of the forenames thereof according to a list which shall be compiled after receipt of the nominations.
3. The candidates shall be presented by a nominator: up to 2 minutes.
4. Personal presentation of the candidate, with an opportunity to add further particulars to the career record thereof and to present a concept of the work thereof as a member of the Supreme Judicial Council: up to 10 minutes.
5. Questions on the part of National Representatives, including on the basis of the observations received from not-for-profit legal entities registered for pursuit of public benefit activities, higher schools and research organisations: up to 2 minutes.
6. An answer by the candidate after all questions are posed: up to 3 minutes.
7. The National Representatives shall judge the moral and professional qualities of each candidate for member of the Supreme Judicial Council, as required by the law, under minimum criteria such as:
● the candidate must not have benefited in a personal capacity, or persons closely linked therewith must not have benefited, from the office held by the candidate;
● the candidate must not have been in a conflict of interest regarding steps which the said candidate has performed;
● the candidate must not have acted or omitted to act thereby damaging the prestige of the respective profession;
● the candidate must not have unpaid public obligations;
● the candidate must not have acquired any assets for which a legitimate source has not been identified;
● the candidate must not have been subject to disciplinary proceedings leading to the imposition of the disciplinary sanction of dismissal.

8. The sitting of the Legal Affairs Committee shall be broadcast in real time on the Internet through the specialised thematic webpage of the Internet site of the National Assembly.
9. A full shorthand protocol on the hearing shall be prepared and shall be posted on the specialised thematic webpage of the Internet site of the National Assembly.
10. Within three days after the conduct of the hearing, the Committee shall prepare a report on the said hearing. The said report shall be put to the vote at a separate sitting of the Legal Affairs Committee.
The said report shall contain:
- a motion of the nominations to be debated and put to the vote at the National Assembly;
- a conclusion about the minimum legal requirements for occupation of the position;
- the existence of data, if any, which call into question the moral qualities of candidates;
- an evaluation of the qualification, experience and professional qualities and of the training, qualities and motivation specific to the relevant position;
- an evaluation of the public standing and the public support of the candidates.
11. The report shall be submitted to the record-keeping department of the National Assembly not later than the 14th day of September 2012.
12. The report shall be posted on the specialised thematic webpage of the Internet site of the National Assembly.

IV. Making arrangements for the election of members of the Supreme Judicial Council
1. The Legal Affairs Committee shall prepare a draft resolution on adoption of rules of procedure for conduct of an election of members of the Supreme Judicial Council and shall lay the said draft before the National Assembly for a debate and a vote, attaching thereto an alphabetical list of the candidates arranged according to the forenames thereof.
The Legal Affairs Committee moves that the election of members of the Supreme Judicial Council by the full house take place on the 26th day of September 2012.
2. The sitting of the National Assembly for election of members of the SJC shall be broadcast live on the Bulgarian National Television, the Bulgarian National Radio and on the Internet through the specialised thematic webpage of the Internet site of the National Assembly.

This Resolution was passed by the 41st National Assembly on the ….. day of ………… 2012 and the Official Seal of the National Assembly has been attached thereto.




Annex No. 1 to R E S O L U T I O N on the Adoption of RULES OF PROCEDURE for Nominating Candidates, Making Documents Publicly Available, Hearing Candidates for Members of the Supreme Judicial Council and Making Arrangements for the Election of Members of the Supreme Judicial Council of the Quota of the National Assembly




D E C L A R A T I O N

The undersigned ..................................................................................., Personal Identification Number (PIN) ………………………, Identity Card No. ………………………………, issued on
……………………. by the Ministry of Interior ………………………..



D O H E R E B Y D E C L A R E T H A T:

I consent to be nominated for member of the Supreme Judicial Council of the quota of the National Assembly.



Declarant:



Annex No. 2 to R E S O L U T I O N on the Adoption of RULES OF PROCEDURE for Nominating Candidates, Making Documents Publicly Available, Hearing Candidates for Members of the Supreme Judicial Council and Making Arrangements for the Election of Members of the Supreme Judicial Council of the Quota of the National Assembly





D E C L A R A T I O N

under Item 10 of Article 18 (1) of the Judicial System Act



The undersigned ..................................................................................., Personal Identification Number (PIN)………………………, Identity Card No. ………………………………, issued on
……………………. by the Ministry of Interior ………………………..




D O H E R E B Y D E C L A R E T H A T:

I am not an elective member of the Supreme Judicial Council who has been removed from office as a disciplinary sanction.




Declarant:




Draft!
R E S O L U T I O N

On the Adoption of RULES OF PROCEDURE
for the Election of Members
of the Supreme Judicial Council of the Quota of the National Assembly in 2012


The National Assembly, in pursuance of Article 86 (1) of the Constitution of the Republic of Bulgaria and § 2 of the Supplementary Provisions of the Rules of Organisation and Procedure of the National Assembly,

HAS RESOLVED:

The National Assembly adopts the following Rules of Procedure for the Election of Members of the Supreme Judicial Council of the Quota of the National Assembly in 2012:

1. The candidates shall be presented by a nominator separately and successively in alphabetical order of the forenames of the candidates according to a list attached hereto: up to 2 minutes.
2. A general debate of all nominations shall be carried out according to the procedure established by the Rules of Organisation and Procedure of the National Assembly with an opportunity to pose questions to the candidates.
3. The candidates for members of the SJC shall have the opportunity to make statements and to answer questions posed thereto: up to 10 minutes.
4. An open vote shall be taken by the computerised voting system.
5. The candidates for members of the Supreme Judicial Council shall be put to the vote separately and successively, arranged in alphabetical order of the forenames thereof according to a list attached hereto.
6. Those eleven candidates, who have gained the most votes by a simple majority of the National Representatives present, shall be considered elected.
7. In case more than eleven candidates have gained the required but equal number of votes, a second round of voting shall be held, limited to the candidates who have gained the lowest equal number of votes. Those who gain the most votes by a simple majority of the National Representatives present shall be considered elected until the total number of vacancies on the quota of the National Assembly has been filled.
8. Where necessary, a third round of voting shall be held under the same conditions.




This Resolution was passed by the 41st National Assembly on the ….. day of ………… 2012 and the Official Seal of the National Assembly has been attached thereto.





ISKRA FIDOSOVA

CHAIRPERSON
LEGAL AFFAIRS COMMITTEE