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Key Concerns Regarding the Election of a New Judicial Council in Bulgaria

The Bulgarian Judges' Union (BJU) addressed concerns surrounding the overdue election of a new Judicial Council (JC). The current JC's term expired over two and a half years ago, significantly exceeding the constitutional mandate.

Despite a six-month deadline set in January 2025 for initiating the new election process, the BJU expresses alarm at the lack of progress. Neither the parliament nor the current JC seems to prioritize this issue.

Electronic Voting Challenges

The BJU notes the absence of a reliable electronic voting system, crucial for ensuring fair and transparent elections. The existing system is outdated and unusable, and the creation of a new one hasn't been initiated despite previous calls for action.

Proposed Solutions and Preferences

  • Voting Method: The BJU prefers voting with paper ballots due to the lack of a functional electronic system, acknowledging the possibility of using existing voting machines used in parliamentary and local elections.
  • Voting Location: Due to legal requirements of 500 judges, prosecutors, and investigators per voting section, centralized voting in Sofia is proposed as a more practical solution. However, if legislative changes were to be introduced, the BJU suggests using appeal court regions as criteria for establishing voting locations, rather than district courts.
  • Legislative Changes: The BJU proposes several legislative changes to improve transparency, including enhancing nomination processes for candidates, ensuring representation from other legal professionals and universities, limiting the selection of current magistrates for parliamentary quotas, conducting open hearings, and establishing legally mandated requirements for electronic and machine-based voting systems.

The Union also advocates for maintaining the status of acting judges for members of the JC's Judges' Chamber during their term to improve accountability and reduce detachment from the community they represent.

Lack of Governmental Action

The BJU highlights the lack of governmental action on proposals to amend the Law on the Judicial System, expressing frustration at delays and inaction.

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