PHARE TWINNING PROJECT BG-04-IB-JH-04 

Improvement of the Magistrates’ Legal Status and Strengthening the Capacity of the Supreme Judicial Council 

SUPREME JUDICIAL COUNCIL    9, Saborna Str  1000 SOFIA (Bulgaria)     (: +359 2 930 4990 (/Fax: + 359 2 981 5851 

  

 

SECONDARY LEGISLATION: LEGAL STATUS OF JUDGES, PROSECUTORS AND INVESTIGATORS

TITLE I: GENERAL PRINCIPLES FOR JUDGES, PROSECUTORS AND INVESTIGATORS.
Chapter I. Unity and exclusive jurisdiction principles.
Chapter II. Independence principle
Section I. Definition
Section II. Independence inside the judicial system
Section III. Independence in relation with others powers.
Section IV. Legal Remedies (guarantees against illegal pressures)
Chapter III. Impartiality principle (definition)
Chapter IV. Life Tenure (definition).
Chapter V. Accountability principle (description)
Chapter VI. Specific regulations for Investigators

TITLE II: LEGAL STATUS FOR JUDGES, PROSECUTORS AND INVESTIGATORS
Chapter I. Professional duties 
Section I. Judges
Section II.Prosecutors
Section III.Investigators
Chapter II. Limitations of office. Disqualifying circumstances
Chapter III. Life tenure. Consequences.
Chapter IV: Immunity. Consequences.
Chapter V: Impartiality:
Section I. Consequences.
Section II. Abstention
Section III. Challenging judges and prosecutors 
Section IV. Procedure
Section V. Rules of investigators

TITLE III: SELECTION AND APPOINTMENT OF JUDGES, PROSECUTORS AND INVESTIGATORS.
Chapter I. General provisions
Chapter II. Notice of public examinations
Section I General provisions on anticipated vacancies
Section II Open exam for Junior Judges
Section III Direct appointment of judges, prosecutors and investigators
Chapter III. Application and eligibility rules for open examination
Section I. Open public exams
(Convening notice, requirements of applicants, exam papers, Examination Board, Exam proceedings, grading of applicants).
Section II. Period of Articles at the Judicial School
(term, legal status of judge aspirants, final evaluation).
Section III. Appointment of junior judges, prosecutors and investivators and their legal status.
Chapter IV. Direct appointment of Judges, Prosecutors and Investigators
Section I. General principles, proposal and requirement of the applicants.
Section II. Evaluation Committee
Section III. Evaluation principles and criteria. Decision making
Section IV. Appointment
Section V. Procedure and judicial review
Chapter V. Special provisions for Investigators

Title IV: PROMOTION OF JUDGES, PROSECUTORS AND INVESTIGATORS
Chapter I. General principles and criteria for professional advancement
Section I. Judges.
Section II. Prosecutors
Section III. Investigators
Chapter II. Competent body
Chapter III. Procedure
Chapter IV. Appeal or judicial review
Chapter V. Specialization of Judges and Prosecutors
Chapter VI. Special rules for the change of judicial bodies and jurisdictional order. Changes in the Prosecution Office. Investigators
Section I. Judges.
Section II. Prosecutors
Section III. Investigators

Title V: DEMOTION OF JUDGES, PROSECUTORS AND INVESTIGATORS
Chapter I. General provisions
Chapter II. Judges
Chapter III Prosecutors
Chapter IV Investigators 

Title VI: ACCOUNTABILITY OF JUDGES, PROSECUTORS AND INVESTIGATORS.
Chapter I. Civil liability
Chapter II. Criminal liability
Chapter III. Disciplinary measures:
Section I General principles 
(definition, rule of law principle, non bis in idem, procedural guarantees).
Section II. Nature of infringements
a) For Judges
b) For Prosecutors
c) Investigators.
Section III. Persons held liable 
Section IV .Description of disciplinary measures and sanctions.
a) For Judges
b) For Prosecutors
c) For Investigators.
Section V. Extinction of disciplinary liability
Section VI. Disciplinary Procedure 
a) Competent bodies
b) The beginning of the procedure
c) The development of the procedure 
d) The finalization of the procedure
e) The judicial review or appeals
Chapter IV. Responsibility of the State:
Section I. Errors
Section II .Negligent administration of justice.

Title VII: EVALUATION OF JUDGES, PROSECUTORS AND INVESTIGATORS
Chapter I General principles for evaluation

Section I General criteria and principle 
Section II Skills and abilities: Knowledge Competence, Personality Competence, Social Competence
Section III Nation wide system for all careers and positions of the 
Judges, prosecutors and investigators
Section IV Transparency
Section IV Equality

Chapter II Information for evaluation
Section I Written appraisals 
Section II Quantitative measurement
I Statistics containing valid data
II Work time estimations
III Workload system

Section III Qualitative measurement
I Fact based statements
II Decisions (judges)
III Reports (prosecutors)

Section IV Written statements of the administrative heads
I Cooperation competences
II Other competences limited to local experience

Chapter III Written appraisals of competences, skills, abilities criteria
Section I Detailed list of criteria 
Section II Definitions of the criteria

Chapter IV Written appraisals form
Section I Standard form for all different careers and judicial career positions
Section II Alternative: Different schedules for different positions
(judges, prosecutors and investigation officers)

Chapter V Written appraisals procedure
Section I Evaluation Unit 
Section I The board prepares the decisions of the Commission for Proposals and Testimonials 
Section II Permanent Professional Evaluation Unit
Section II Evaluation by the unit
I Information gathering(Chapter II)
II Hearing in which the judge, prosecutor or investigators is present
III Evaluation of statistics, files and performance of the judge, prosecutor or investigator

Chapter VI Appraisal grounds and Timing
Section I Regular appraisals
Section II Occasional appraisals
I Life tenure
II Promotion 
III Trial period 
IV Change of positions in the judiciary
V Assessment when direct nomination without competition

Chapter VII Competent bodies