Name of law Law amending the law on the judiciary of the Name Bill a bill amending and supplementing the law on judiciary date of acceptance 06/04/2011 number/year Official Gazette 32/2011 Decree No 73

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on the judiciary, adopted by the National Assembly of the HLI 6 April 2011.

Issued in Sofia on 13 April 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW amending the law on the judiciary (official SG. 64 of 2007; amend., SG. 69 and 109 of 2008 25/, 33, 42, 102 and 103 of 2009, 59/2010, no. 1 and 23 of 2011.)

§ 1. In art. 30, para. 1, item 10 the words "members of the Supreme Judicial Council, the inspectors at the Inspectorate to the Supreme Judicial Council and" shall be deleted.

§ 2. In art. 37, para. 4 the second sentence is deleted.

§ 3. In art. 39, para. 2 item 3 shall be replaced by the following:

"3. a periodic appraisal of administrative heads in the organs of the judiciary, with the exception of the Presidents of the Supreme Court of Cassation, the Supreme Administrative Court and the Attorney General."

§ 4. In art. 39A, al. 2 the word "State" shall be deleted and add "affecting the Commission and providing it with the necessary information.

§ 5. In art. 39 (b) make the following amendments and additions:

1. Create a new para. 2 and al. 3 and 4:

"(2) the members of the Committee on professional ethics shall be elected by the Assembly of the authority of the judiciary for a period of four years. The members of the Commission may not be re-elected for two consecutive terms. Each Committee shall be composed of three regular and one alternate. The Commission shall elect from among its members a Chairman.

(3) if it is impossible to form a Committee on professional ethics functions are carried out by the Commission of the superior authority of the judiciary in the relevant judicial district.

(4) professional ethics committees assist the Commission "professional ethics and corruption prevention" to the Supreme Judicial Council in the exercise of its powers under art. 39A, al. 1, item 1-6. "

2. The current paragraph. 2 it al. 5.

§ 6. In art. 164, para. 1 creating the second sentence: "a judge in District Court and Prosecutor in the District Attorney's Office is appointed junior judge, Jr. respectively Prosecutor who has at least two years and nine months of internship."

§ 7. In art. 165 para. 2 is repealed.

§ 8. In art. 176 the following modifications are made:

1. Paragraph 2 shall be replaced by the following:

"(2) the competition under para. 1, item 1 is held once a year, as announced in the month of January and is held in the month of April of the year concerned. "

2. in the Al. 3 the words "twice" shall be replaced by "at least once".

§ 9. Article 186 is amended as follows:

"Art. 186. (1) the ranking of the participants in the competition under art. 176, para. 1 paragraph 1 shall be carried out by the selection board through their arrangement according to the result, which is formed as the sum of the written and oral examination. When you draw the selection board qualified candidates with a higher overall success of State examinations.

(2) the Commission "professional ethics and corruption prevention" provides a Supreme Judicial Council information about the moral integrity of the successful candidates within the advertised competitive positions and shall issue an opinion on each candidate.

(3) the Commission on the proposals and testimonials to judges, prosecutors and investigators propose to the Supreme Judicial Council, on the basis of the results of the classification under para. 1 and of the opinion under paragraph 1. 2 to approve candidates for junior judges and junior prosecutors.

(4) the Supreme Judicial Council adopted a decision approving the candidates, such as checks that ranked candidates meet the requirements of art. 162. The verification shall be carried out on the basis of all the documents to the applicant, represented by him, as well as by the Commission ' professional ethics and the prevention of corruption ".

(5) the Supreme Judicial Council does not approve a candidate for whom it is established that does not satisfy the requirements of art. 162 as of him include the next-ranked candidate.

(6) the approved candidates for junior judges and junior prosecutors said explicitly in writing to the Supreme Judicial Council their desire for the appointment of the position in the sequence according to the prom in the Al. 1, as every candidate chooses from the remaining unsolicited posts. A candidate who does not request, shall be replaced by the next-ranked candidate and approved.

(7) by decision the Supreme Judicial Council adopted a final list of approved candidates for junior judges and junior prosecutors in relevant posts according to their stated desire.

(8) within one month of the entry into force of the decision referred to in paragraph 1. 7 applicants shall submit a statement of the circumstances under art. 195, para. 1.

(9) the decision referred to in paragraph 1. 7 shall be sent to the National Institute of Justice to carry out training in art. 249, para. 1, item 1. "

§ 10. Art is created. 186:

"Art. 186. (1) the ranking of applicants for initial appointment shall be made by the selection board through their arrangement according to the outcome of the contest, which is formed as the sum of the written and oral examination. When you draw the selection board qualified candidates with a higher overall success of State examinations.

(2) the Commission "professional ethics and corruption prevention" provides a Supreme Judicial Council information about the moral integrity of the top three ranked candidates for the vacancy and shall issue an opinion on each candidate.


(3) the Commission on the proposals and testimonials to judges, prosecutors and investigators, on the basis of the results of the classification under para. 1 and of the opinion under paragraph 1. 2, shall submit to the Supreme Judicial Council proposal for initial appointment in the appropriate bodies of the judiciary. Within 7 days of submission of the proposal referred to in the first sentence of the applicants lodged a statement of the circumstances under art. 195, para. 1.

(4) the Supreme Judicial Council adopted a decision on the appointment of candidates in the order of ranking to positions for which the competition was named after three consecutive rankings.

(5) upon adoption of the decision referred to in paragraph 1. 4 the Supreme Judicial Council checks whether the winning candidate meets the requirements of art. 162 and 164. The verification shall be carried out on the basis of the documents submitted by the applicant. In checking the Supreme Judicial Council and takes into account the opinion of the Commission, "professional ethics and corruption prevention.

(6) the Supreme Judicial Council decision refusing the appointment of the candidate for which it was established that does not satisfy the requirements of art. 162 and 164. "

§ 11. In art. 187, para. 1 the words "under art. 186, para. 6 ' shall be replaced by "referred to in art. 186, para. 7 and art. 186 a, para. 6. "

§ 12. In art. 191, para. 1 the second sentence shall be replaced by the following: "If there is no candidate for the position, this position is occupied by the procedure of art. 178. "

§ 13. In art. 194 (b), para. 3 Add "as a decision is taken on the basis of the assessment under paragraph 1. 1, item 2. "

§ 14. Article 238 is amended as follows:

"Art. 238. For Junior judge and junior Prosecutor may appoint a person who meets the requirements set out in art. 162, passed is a contest under art. 176, para. 1, item 1, as well as the corresponding exams after finished course of compulsory initial training at the National Institute of Justice. "

§ 15. In art. 240 is hereby amended as follows:

1. In paragraph 8. 1 the word "three" is replaced by "two".

2. in the Al. 3 the words ' two years ' shall be replaced by "one year".

§ 16. In art. 249, para. 1 paragraph 1 shall be replaced by the following:

"1. the mandatory initial training of candidates for junior and junior Prosecutor judge;".

§ 17. Article 258 shall be replaced by the following:

"Art. 258. (1) the period of training under art. 249, para. 1, item 1 is 9 months and starts in September of that year. During the training the candidates for junior judges and prosecutors for the junior receive scholarship from the budget of the National Institute of Justice amounting to seventy per cent of the basic salary of a judge and Prosecutor junior junior.

(2) at the end of the training the candidates for junior judges and junior prosecutors make a written and oral examination with practical, as when marking system.

(3) the exams under para. 2 shall be carried out by the Commission, established by the Supreme Judicial Council, a panel Chairman and four members, which includes judges and prosecutors. The Commission may not participate constant trainers in the National Institute of Justice, as well as members of the High Judicial Council.

(4) the results of the written and oral examination shall be notified to the common space in the building of the National Institute of Justice and the page on the Web.

(5) the results of the tests shall be made a general assessment, which represents the average of the sum of the assessment of the written and oral examination, and shall be sent to the Supreme Judicial Council.

§ 18. Art is created. 258:

"Art. 258. (1) Successfully completed the training referred to in art. 249, para. 1, item 1 is a candidate for junior judge and junior Prosecutor who has received an overall score of art. 258, para. 5, no less than the very good "4.50".

(2) for applicants for the junior judge and junior Prosecutor who have not successfully completed the training referred to in art. 249, para. 1, item 1, schedule repeated written and oral examination not earlier than one month and not later than two months from the notification of the assessment under art. 258, para. 5. In re obtained by assessment exams, below the very good "4.50", the applicant is assigned the Office junior judge and junior Prosecutor.

(3) the Supreme Judicial Council shall appoint the candidates successfully completed the training referred to in art. 249, para. 1, item 1, of the post for which they are approved by the decision under art. 186, para. 7.

(4) candidates who have refused to take up the post or have abandoned the training without reasonable grounds, as well as neizd″ržalite re-exams, refunded to the National Institute of Justice received training for the duration of the scholarship.

(5) the compulsory social and health insurance, and insurance against accident of candidates for junior judges and junior prosecutors for the period of their training under art. 249, para. 1, item 1 shall be chargeable to the budget of the judiciary.

(6) the period of study open exams count for experience under art. 164, para. 1-7. "

§ 19. Art is created. 258 (b):

"Art. 258 (b). the status of candidates for junior judges and junior prosecutors during their training under art. 249, para. 1, item 1, the Organization and the procedure for the conduct of examinations under art. 258 and 259 and is governed by acts adopted by the Supreme Judicial Council, which shall be published in the Official Gazette. "

§ 20. In art. 262 para. 1 shall be amended as follows:

"(1) the training of candidates for junior judges and junior prosecutors shall be carried out by permanent and temporary teachers."

§ 21. In the transitional and concluding provisions of the law amending the law on the judiciary (SG. 1 of 2011) make the following amendments and additions:

1. a § 128 (a):

"§ 128. Started, but open on the date of entry into force of this law, the appraisal completed procedures previous row. "

2. In paragraph 129:

and the current text) became al. 1;

(b)) are al. 2 and 3:


(2) persons who, until the entry into force of this law have not been attested periodically or on another occasion, extraordinary atestirat, before the four year time limit has expired when the competition for promotion to a post or to move, the administrative head or his Deputy in the organs of the judiciary.

(3) The procedures for performance appraisal on current art. 196, t. 1-5 until the entry into force of this law shall be considered a periodic appraisal. "

Transitional and final provisions

§ 22. (1) the schedule to the entry into force of this law competitions for junior judges and prosecutors and junior for the initial appointment in the organs of the judiciary completed in the previous row.

(2) Appointed on the date of entry into force of this law the Office junior judge and junior Prosecutor continue to perform this function on the current line.

§ 23. Within 6 months from the entry into force of this law, judges, prosecutors and investigators shall submit declaration under art. 195, para. 1.

§ 24. The law shall enter into force on the day of its publication in the Official Gazette, with the exception of:

1. paragraph 21, which shall enter into force on 4 January 2011;

2. paragraphs 6, 7, 9, 10, 11, 14, 15, 16, 17, 18 and 20, which shall enter into force on 1 January 2012.

The law was adopted by 41-Otto Folk sat on Rainier 6 April 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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