BULGARIA
I. INTRODUCTION In May of 1991 Judge John P. Fullam visited Bulgaria and laid the foundation for much of CEELI's future work in that country. Judge Fullam met with numerous government officials and representatives of the private sector during his month in Bulgaria, as he assessed the country's needs and objectives in its drive for judicial reform. Judge Fullam also strengthened the relationship between CEELI and the Center for the Study of Democracy (CSD) in Sofia, a think tank comprised primarily of sociologists and economists, which acted as Judge Fullam's host organization throughout his stay in Bulgaria. Mr. Stephan Kyutchukov, Secretary of the CSD's Law Reform and Comparative Law Program, was instrumental in the development of CEELI's program in Bulgaria, both from a substantive standpoint, and with his tireless efforts to arrange the necessary contacts with Bulgarian officials. The CSD continues to provide CEELI representatives in Bulgaria with essential in-country support and assistance.
Judge Fullam determined that CEELI could provide assistance to the Bulgarian legal reform movement, while the CSD also became convinced that American lawyers could play a useful role in the Bulgarian democratization process. CEELI's work in Bulgaria has been funded, in part, by both rule of law and commercial law grant monies from the USAID. This report summarizes CEELI's work in the rule of law area in Bulgaria.
II. SUMMARY OF CEELI ACTIVITIES IN BULGARIA JANUARY, 1991 - AUGUST, 1993
A. Resident Liaison Activities Mr. William D. Meyer was selected to serve as CEELI's first resident liaison. The extensive groundwork CEELI had already completed in Bulgaria made that country the natural choice for the placement of CEELI's first resident liaison. Mr. Meyer worked in Sofia from September 1991 to September 1992. Currently serving as CEELI's liaison in Bulgaria is Mr. Harlan Pomeroy . Mr. Pomeroy will work in Bulgaria through the end of August 1993. Both Mr. Meyer and Mr. Pomeroy were funded to work on both rule of law and commercial issues. In June 1993, CEELI placed its first solely commercial law liaison, Linda Foreman, in Bulgaria. Mr. Pomeroy will be succeeded as liaison by Mary Noel Pepys, who will focus only upon rule of law issues.
In addition to commenting (formally and informally) on numerous legislative proposals, responding to various short-term requests for information and written materials on a wide array of legal topics, lecturing to and meeting with attorneys, law students, and government officials, and coordinating CEELI's assistance from the United States and within Bulgaria, the liaisons to Bulgaria have provided direct assistance to various governmental and non-governmental entities. Their activities have included the following:
• Assisting in the establishment of the first Commercial Law Center to be established with CEELI under its recent USIA commercial law grant;
• Developing a library of English language legal reference materials at the CSD;
• Developing a comprehensive library of English language translations of Bulgarian laws at the CSD;
• Offering valuable assistance to the CSD ranging from working on the CSD's economic privatization project to teaching a course in American law to nonlawyers on the CSD staff;
• Working with the Bulgarian Ministry of the Interior in the creation of police and other government employee off-duty employment rules;
• Mediating between the Bulgarian government, the World Bank, and Harvard University in the negotiation of a $1.1. million loan contract for the provision of assistance in the creation of a commercial law infrastructure;
• Providing advice to the Bulgarian Council of Ministers on a proposed bilateral investment treaty between Bulgaria and the United States;
• Serving as a resource to the Bulgarian Privatization Agency in solving practical, legal problems faced by that agency.
CEELI volunteers in Bulgaria have also coordinated their efforts with those of other foreign assistance programs. CEELI and its liaisons in Bulgaria have worked closely with:
• U.S. Justice Department representatives at the Bulgarian Ministry of Justice;
• the U.S. Departments of Labor, Agriculture, and Commerce;
• U.S. Commercial Attache in Sofia;
• the U.S. Treasury Department representative in Bulgaria;
• members of the Peace Corps to guide them in their work on various commercial projects;
• members of the Citizens' Democracy Corps;
• the U.S. embassy delegation;
• organizations attempting to locate participants for exchange projects;
• the Bulgarian-American Enterprise Fund;
• the International Executive Service Corps;
• American Lawyers in Bulgaria;
• and the European Community's PHARE program.
Additionally, during his tenure in Sofia, William Meyer identified a pressing need for the publication of materials on Bulgarian legal topics. Mr. Meyer personally wrote, and the ABA published, approximately ten articles, monographs, and books on topics relevant to major law reform issues in Bulgaria. Mr. Pomeroy has also written various articles. The list of books and articles published by the liaisons includes:
• "Laws on Foreign Investment in Bulgaria and Romania," published in three parts in The Bulgarian Watcher;
• "Media and the Law in Bulgaria: After the Constitution," a paper distributed to participants at a media seminar in Sofia;
• Lawyer's Private Practice, a ninety-page book on organizing the private practice of law, distributed to individual lawyers throughout Bulgaria;
• "Remnants of a Totalitarian Past, the Status of Legal Education in Bulgaria," a thirty page article on legal education;
• " Non-Monetary Contributions Under Bulgarian Corporate Law" ;
• "The New Foreign Investment Law: Guide for Foreign Investors" ;
• "The Legal Framework of Privatization in Bulgaria" ; and
• "Bulgarian Government Structure and Operation" - An overview including constitution, legislature, executive, judiciary and local self-government (to be published).
B. Legal Specialists In addition to long-term liaisons, CEELI sends legal specialists to host countries to provide assistance on specifically-identified legal reform projects. The specialists generally have substantial experience in the relevant area of the law. In response to requests from Bulgarian officials, CEELI has posted a number of legal specialists to Bulgaria, as follows:
1. Legal Specialist on Judicial Restructuring Judge John P. Fullam spent May 1991 in Bulgaria, as a guest of the CSD, concentrating on the development of a constitutional framework for the Bulgarian judiciary.
2. Legal Specialists on Court Computerization After a meeting in Washington between Bulgarian Minister of Justice Svetoslav Louchnikov and CEELI Executive Director Mark Ellis, arrangements were made for a two-person team of experts to visit Bulgaria in January 1992 to assess the needs and develop a plan of action for a Bulgarian court computerization project. Mr. Mark Zimmer, Clerk of the United States District Court for the District of Utah, and Mr. Richard Siedel, of the Administrative Office of the United States Courts, visited numerous courts in and around Sofia for two weeks in late January and early February, 1992. The experts' recommendations were accepted by the Ministry of Justice and implementation of the recommendations was commenced. CEELI has provided some funding to assist the Bulgarians in the purchase of some of the initial hardware and software needed to begin programming.
3. Legal Specialist in Criminal Law Mr. Kurt Muellenberg was sent by CEELI in May 1992 to work with the Bulgarian Ministry of the Interior on criminal law reform. Mr. Muellenberg worked directly with the Ministry on a wide range of matters (including organized crime), presenting papers and lectures, as well as holding individual meetings with Ministry officials.
4. Legal Expert in Judicial Training In January 1993, CEELI sent Mr. Robert Scherle, an expert in judicial training, to Bulgaria for a six-month period. Mr. Scherle ran a series of workshops in Sofia beginning in April 1993 designed to train the people who will eventually become judicial trainers. Mr. Scherle also worked with the Bulgarian Association of Women in the Legal Career.
5. Legal Expert in Law School Curricula and Accreditation Professor James White, consultant to the ABA on legal education, spent the week of October 25, 1992 in Sofia. He met with members of all of the Bulgarian law faculties plus Ministry of Education officials to discuss the issues of law school curricula and accreditation. Professor White paid for this trip with his own funds, and therefore, was not funded under the USAID rule of law grant.
C. Technical Legal Assistance Workshops CEELI has responded to a number of requests for technical legal assistance workshops. Workshops typically focus on a particular substantive area of law and involve the participation of four to six experienced lawyers or judges, usually including one from a civil law country.
The primary goal of CEELI workshops is to promote open dialogue among the participants so as to provide the host country with in-depth, immediate analysis of critical nuances in the law.
The following represents a listing of some of the workshops CEELI has sponsored to date:
Judicial Restructuring1/28-2/1/91
Sofia
This workshop with governmental and non-governmental organizations focused upon the reorganization of the court system, and the selection, status, and disciplining of judges.
Constitutional Drafting3/11-3/15/91
Sofia
This workshop was conducted in conjunction with Bulgaria's Grand National Assembly on issues relevant to the draft constitution.
Follow-Up/Constitutional Drafting6/19-6/22/91
Sofia
This workshop provided additional follow-up assistance in the constitutional drafting area.
Bankruptcy Reform2/24-2/28/92
Sofia
This workshop was held for the Council on Normative Acts on Bulgaria's draft Bankruptcy Law and draft Law on the Protection Concordat.
Commodities Futures Seminar7/6-7/8/92
Sofia
This workshop focused on the functions and operations of commodities markets, and the regulatory framework governing exchanges in the United States.
Draft Copyright Law10/11-10/17/92
Sofia
This workshop was held for officials of the Bulgarian government on Bulgaria's draft copyright law.
Police Off-Duty Employment Rules10/92
This workshop was conducted with the Ministry of the Interior.
Legal Aspects of Broadcasting in Bulgaria - Problems and Perspectives12/92
Sofia
This workshop was held in conjunction with the Bulgarian Posts and Telecommunications Committee and private broadcasters. At this seminar, Harlan Pomeroy lectured on regulation of broadcasting in the U. S.
Ethical Codes of Conduct for Lawyers and Judges1/25-1/29/93
Sofia, Bulgaria/Bucharest, Romania
This workshop focused upon providing assistance in legal ethics.
Judicial Training Project Workshops at New Bulgarian University4/10/93, 4/23/93, 4/30/93, 5/7/93
Workshops were conducted by Robert Scherle, judicial training expert. These workshops were held to train h a r e judicial trainers.
Friday Afternoon Workshops on Commercial Law Subjects (at the CSD)4/30-5/28/93
Workshops were conducted by Harlan Pomeroy, CEELI liaison.
• insolvency
• commercial law
• privatization
• taxation
• copyright and patent law
Legal Perspectives on Private Broadcasting
5/93
Co-chaired by Harlan Pomeroy and Guergui Sarakinov (Chief Legal Officer of the Bulgarian Copyright Agency and Chairman of the Interior Committee on Radio Frequencies and Television Channels).
Legal Aspects of Privatization6/93
Chaired by Harlan Pomeroy
D. Draft Law Assessments The resources of the ABA allow CEELJ to respond quickly to requests for assistance from in-country drafting committees. When a request is received, CEELI offers immediate assistance by circulating the draft legislation within the U.S. for comment. By relying primarily on ABA sections with appropriate expertise, CEELI can provide expert assessments of draft laws. CEELI provides bound volumes of comments to those involved in the drafting process. The assessments are translated into the local language and generally are circulated to a wide audience, including political parties, academics, and other experts.
From January, 1991 to date, CEELI has provided written assessments of numerous draft Bulgarian laws, including:
• 1/91 Law Concerning the Ownership and the Use of Agricultural Lands
• 4/91 Draft Antitrust Law
• 8/91 Draft Decree on a Uniform System of Tax Administration and Proposed Legislation on the Supreme and District Courts of Auditors
• 10/91 Laws on Foreign Investment in Bulgaria and Romania
• 11/91 Draft Legislation on Oil Exploration
• 12/91 Draft Patent Law
• 2/92 Draft Banking Law
• 2/92 Draft Bankruptcy Law
• 4/92 Bulgaria's Act on Copyright
• 51/2 Draft Law on the Bar
• 5/92 Draft Law on the Structure of the Judicial System
• 5/92 Law on the Activity of the Supreme Administrative Court
• 4/92 Draft Marine Environmental Protection Act
• 4/92 Draft Law on Telecommunications
• 7/92 Draft Non-Profit Organization Law
• 9/92 Draft Law on Explosives
• 9192 Draft Information Law
• 9/92 Draft Law on Special Investigative Means
• 5/93 Draft Law on Waste for Bulgaria
CEELI agreed with the Bulgarian government, in the persons of Deputy Prime Minister Ilko Eskenazi and Dr. Misho Valchev, Chairman of the Council on Normative Acts, to prepare a series of "concept papers" on topics which would be the subject of drafting efforts by the Bulgarian government.
CEELI concept papers identify and discuss primary issues of law prior to the drafting process. The papers provide comparative analysis of leading world models with supporting materials, without judging which model would be best for the host country.
The following is a list of the concept papers supplied to date:
10/92 Securities and Stock Exchange LawsThe concept paper addresses matters such as the organization of exchanges, the right to join and trade on an exchange, types of securities, public offerings, the rights of buyers and sellers of stock, required disclosures, and the arbitration of disputes.
• This paper will be published in the Fall 1993 issue of International Lawyer.
10/92 Currency Exchange Controls for Bulgaria
This paper addresses currency control laws/regulations as part of an overall economic stabilization package.
11/92 Consumer Protection for Bulgaria (Regulation of Merchants)This paper addresses the various issues that arise as an economy moves from a state controlled one to a market economy in the area of consumer protection.
11/92 Government Procurement for BulgariaThis paper discusses the development of a system for regulating government procurement, both at the national and local levels.
1/93 Non-Bank Investment Entities for BulgariaDiscusses the issues that should be considered in the drafting of a law in Bulgaria to regulate investment companies and investment funds. It focuses mainly on the types of investment funds and the approaches to their regulation.
5/93 Money Laundering Controls for BulgariaThis paper discusses the various means used by other countries of controlling the flow of illegal profits arising out of money laundering schemes.
F. Bulgarian Judiciary • Judicial Administration Project
After months of discussions, culminating with the apparent support of the Justice Minister Louchnikov, CEELI was able to initiate in February of 1992 an ambitious plan to provide assistance in the implementation of a complete procedural and technical overhaul of the administration of Bulgarian courts. At the core of the plan is the conversion of court records in Bulgaria to a uniform computer system. The Varna district, because it has already started on computerization and because of its manageable size, was selected as the place to begin this project.
• Judicial Training Project
Over a period of many months CEELI managed to create a network of young, reform-minded judges and Justice Ministry officials who were open to the idea of American help in judicial training. CEELI had hoped to build an indigenous judicial training capability and in connection therewith created a series of planned series of regular training workshops. Mr. Scherle also worked with the Bulgarian Association of Women in the Legal Career.
• Judicial Publication Project
CEELI's judicial publication project involves the preparation and dissemination to the judiciary and Bar of a bi-monthly publication containing current legal developments, articles, and other information of interest to the judiciary and Bar.
• Visit to the U.S. /Orientation: 5/16 - 5/21/92
In cooperation with Southern Illinois University at Carbondale, CEELI conducted an orientation on the U. S. legal system in Washington, D .C. for a group of Bulgarian jurists. The delegation included members of Bulgaria's constitutional court, regional court judges, prosecutors, and private attorneys.
G. Bulgarian Bar • Democratization of the Bar
Given the ideals to which the ABA subscribes, the ABA has an obligation to promote a professional, independent bar in Bulgaria. For this reason, the CEELI has taken a more aggressive role in promoting change in the Bulgarian Bar than in other areas of its work. CEELI enjoys a close working relationship with the Bulgarian Bar leadership thanks to early support shown by CEELI for reform-minded Bulgarian attorneys.
• Publication of a Lawyer's Handbook to Private Practice
William Meyer, CEEL17s first liaison in Bulgaria, was the author of a ninety-page book entitled Lawyer's Private Practice. The book was written to fulfill a special need for advice on how to establish a private practice which Mr. Meyer found expressed by lawyers from throughout the country. The book, which was published by the ABA, became an instant success, with 1000 copies distributed across the country to government officials and practicing attorneys.
• Lawyer Training Project
At the request of CEELI, the Bulgarian Supreme Bar Council will appoint a committee on lawyer education to work with CEELI and, possibly, the International Development Law Institute (IDLI), in developing a training program for Bulgarian lawyers. The training program would emphasize transferable skills, such as negotiation and mediation skills, rather than substantive knowledge of Bulgarian law, which few American lawyers would possess. Cooperation with the IDLI on such a project would allow CEELI to take advantage of IDLI's experience in international lawyer education, while IDLI would gain the benefit of the infrastructure, support base, and relationship with the Bar which CEELI has developed since 1991.
• Code of Professional Responsibility
After months of persistent lobbying, CEELI succeeded in convincing the Bulgarian Bar of the necessity of adopting a code of professional responsibility. In mid-summer of 1992, the Bar publicly announced that work would begin on such a code. A workshop on the subject was held in January of 1993 in Sofia. CEELI seeks to keep the momentum going on this project, as resistance within parts of the Bar to a code of professional responsibility is widespread.
H. Law Schools • Sister Law School Project
One of CEELI's main goals has been to encourage the various fledgling law schools in Bulgaria to join CEELI's Sister Law School project. Without an in-country liaison CEELI would have been unable to bring the new Bulgarian law schools into the program, as neither 8 the Ministry of Education nor Sofia University (until 1991 the only Bulgarian law school) were inclined to assist the new law schools in contacting a Western group such as CEELI. Each Bulgarian law school was matched with a consortium of three law schools in the U.S. The following Bulgarian and American law schools now participate in CEELI's Sister Law School program:
Bulgarian Law School / American Consortium Schools
Sofia University, Sofia, Bulgaria / Southwestern University School of Law, Los Angeles, California; Southern Illinois University School of Law, Carbondale, Illinois; University of Maine School of Law, Portland, Maine
Plovdiv University, Plovdiv, Bulgaria / Franklin Pierce Law Center, Concord, New Hampshire; University of San Diego School of Law, San Diego, California; Georgia State University College of Law, Atlanta, Georgia
Blagoevgrad University, Blagoevgrad, Bulgaria / Texas Southern University, Thurgood Marshall School of Law, Houston, Texas; Pace University School of Law, White, Plains, New York; Oklahoma City University School of Law, Oklahoma City, Oklahoma
New Bulgarian University, Sofia, Bulgaria / Mississippi College School of Law, Jackson, Mississippi; University of Pittsburgh School of Law, Pittsburgh, Pennsylvania; Golden Gate University School of Law, San Francisco, California
Free University Bourgas, Bourgas, Bulgaria / Pepperdine University School of Law, Malibu, California; University of Colorado School of Law, Boulder, Colorado; Willamette University College of Law, Salem, Oregon
• Visit to the U.S. of Bulgarian Law School Deans
Seventeen Central and East European law school deans (including the deans of three a new Bulgarian law schools) visited their consortium of sister law schools in September and October of 1992. Krassen Stoichev, Vice Dean of the Faculty of Law at Blagoevgrad University, was a faculty intern in the United States for six months with CEELI's commercial law program. Franklin Pierce Law Center hosted Tsvetana Kamenova, Dean of the Faculty of Law at Plovdiv University, as a faculty intern for six months with the same yl commercial law program. Georgia State University College of Law sent a professor to Plovdiv University for six weeks as a resource on curriculum development and to teach a course in public administration.
• Translation of legal Texts Into Bulgarian
Few Bulgarian language legal texts have been produced since the changes of 1989. Pre-1989 texts are uniformly unsuitable due to their political ideology. In an effort to remedy this problem CEELI, in cooperation with the Notre Dame Law School and the faculties of the various Bulgarian law schools, is in the process of selecting a pair of texts on constitutional theory and comparative constitutional law which will be translated and published in Bulgaria. The CSD has offered to provide the facilities, translating, and publishing assistance to complete the project by August 1993.
• Curricula and Accreditation
Aside from a number of formal and informal discussions on the issues of law school accreditation and curriculum reform held with Ministry of Education officials and law school representatives, Professor James White, consultant to the ABA on legal education, travelled to Sofia at his own expense for a week in October of 1992 to conduct a workshop with all law schools and the Ministry of Education on these issues.
III. RULE OF LAW COUNTRY STRATEGY FOR BULGARIA
A. Current Status of Legal Reform The second half of 1992 was characterized by heated political debates between the former allies in the Bulgarian National Assembly--the ruling Union of Democratic Forces ("UDF") and the Movement for Rights and Freedoms--("MRF") neither of which had an absolute majority in the National Assembly. On October 28, 1992, the UDF lost a vote of confidence and on December 30, a new government was formed due to a coalition of the Bulgarian Socialist Party ("BSP") and the MRF. The other important political force, representing a coalition of parties, is the UDF. Although these parties have different political platforms, these parties nevertheless reached a consensus over the necessity of accelerating legislative reform. Recently, the various parties comprising the UDF coalition have been arguing among themselves. The political situation is constantly changing and new parties and coalitions are forming. Bulgaria's economic outlook is fairly bleak due to its foreign debt. Bulgaria also has difficulty attracting other foreign investment, due to among other reasons, the war in former Yugoslavia and the political sluggishness of plaguing Bulgaria.
Due to the paralyzing political situation, very little substantive legislation had been passed until the spring of 1993. Among the more important acts that were passed in 1993 by the new parliamentarian majority are: (1) the Copyright Act; (2) the Patents and Useful Inventions Act; (3) Amendments to the Personal Income Act and the Excise Taxes Act; and (4) Amendments to the Ownership and Use of Agricultural Lands Act. Also, the National Assembly ratified a Bulgarian-United States Bilateral Investment Treaty. The passage of these acts is in large part attributable to the fact that they deal with economic issues and do not contain any controversial political issues that could cause a conflict between the BSP and the MRF. The government views economic development as a high priority and each of the major political parties are hesitant to assume the responsibility of introducing in the National Assembly any laws that may cause serious social debate and controversy.
On July 1, 1993, the Vice President, Blaga Dimitrova, a member of the UDF, resigned based upon her stated dissatisfaction with the "moral crisis" in Bulgaria, the increasing number of socialists (former communists) in the Council of Ministers, and apparent differences with the President. On July 7, Nellie Kutzkova, Deputy Minister of Justice resigned to assume the position of Chairwoman of the Sofia Regional Court.
On July 8, the UDF submitted a draft resolution requesting early parliamentary elections to be held in mid-November. The UDF members of parliament who had waked out of the National Assembly in June may return.
On July 22, the National Assembly rejected the UDFYs motion for a vote of no confidence in the government by a vote of 147 to 81. On July 29, the National Assembly again rejected a virtually identical motion by the UDF by about the same margin. The national Assembly session then came to an end on July 30, to be reconvened in September. None of the major pieces of legislation on the judiciary, taxes, bankruptcy, commercial code, and so forth, were resolved.
B. Priority Issues for CEELI Assistance CEELI's primary means of providing assistance will be through its rule of law liaison. The resident liaison consults daily with government and non-government officials regarding pressing issues of legal reform.
1. Priority Issue #1: Judicial Reform
(a) Goal Statement CEELI supports the Bulgarians' efforts to reform their judiciary, and thereby, promote a strong, independent judiciary in Bulgaria. Through its legal assistance, CEELI will strive to improve the public perception of the judiciary. An important component of judicial reform is the establishment of a self-sustainable, institutional framework for judicial training and education.
(b) Factual and Legal Background As is true throughout Eastern Europe, the Bulgarian judiciary is not highly regarded. Under the communist regime, the general courts were rigidly controlled by the Communist Party and their decisions, if necessary, were consistent with party policy rather than the law. Very few issues concerning personal rights were heard by the courts and issues concerning conflicts between state enterprises were heard by the State Courts of Arbitration, a separate court system. The small variety of cases heard by the general courts, their lack of discretion, their subordination to the Communist Party, and the neglect by the government of the courts over the years has lead to a multitude of problems for the courts. Some of these problems include: (1) treatment of judges as "state clerks"; (2) low stature; (3) low salaries; (4) absence of any training of judges after law school; (5) poor quality of work product; and (6) poor working conditions. The transition to a more democratic society based on a free market economy dramatically changes the role of the judiciary in Bulgaria. The implementation of principles of separation of powers imposes new responsibilities upon Bulgarian judges and will necessitate a higher professionalism and expertise among judges.
The Bulgarian court system is currently a unitary system comprised of three levels of courts: (1) Regional Courts (or courts of first instance; (2) District Courts (with jurisdiction comprised of both first and second instance); and (3) the Supreme Court (the highest appellate level). The Constitutional Court is separate from the other courts and its mandate is to decide upon the constitutionality of laws and the decisions promulgated by the National Assembly. Part of the reforms of the judicial system set forth in the 1991 Constitution of the Republic of Bulgaria include the creation of: (1) a system of Appellate Courts to act as courts of second instance, which exist in addition to the Regional and District Courts; and (2) two separate courts with parallel jurisdiction, namely the Supreme court of Cassation, which will act as a court of third instance with final jurisdiction, and a Supreme Administrative Courts, which will review the acts of the executive branch.
(c) Priority Projects Identified by CEELI
1. Judicial Training Program
(a) Goal Statement The goal of CEELI's judicial training program is to assist the efforts of the Bulgarians in establishing a strong, independent and highly professional judiciary. CEELI will work toward creating a mechanism and/or a self-sustaining body to provide Bulgarian judges with continuing legal and related training.
(b) Factual and Legal Background Due to the limited variety of cases heard by the general court judges, the judges' lack of independent authority, the domination of the communist party, and the neglect by the government of the court during the past several decades, the judiciary is in dire need of further training. Currently, judges are treated as civil servants, enjoy very low social stature and low salaries. Judges receive barely any training after graduating from the law faculty and work under very difficult conditions.
(c) Project Identified In close cooperation with the Bulgarian Ministry of Justice, the Bulgarian Association of Women in the Legal Career and some other lawyers' professional organizations CEELI will . develop a program for judicial training in Bulgaria.
(d) Benchmarks - Targeted Areas for Improvement (i) To raise the awareness of the Ministry of Justice to the problems faced by the judiciary.
(ii) To provide a forum for open, informal dialogue between professional organizations of judges and the Ministry of Justice, which is not yet available.
(iii) To assist the Ministry of Justice's efforts for improving the judges' competence through:
(a) co-sponsoring a series of seminars and workshops for Bulgarian judges on issues of topical interest; and
(b) co-sponsoring with the Ministry of Justice the publication of a journal for judges on issues of topical interest.
(iv) Coordinate CEELI's judicial training program in Bulgaria with the strategy being developed by the Judicial Training Working Group. Based upon the work begun by Robert Scherle in the area of judicial training, CEELI has organized in Washington a judicial training group, which will develop and implement a program of judicial training for the region.
(e) Intended ResuIts/Impact CEELI strives to assist the Bulgarians in the creation of a self-sustaining entity or mechanism to provide Bulgarian judges with training, both initial and continuing training. In achieving this goal, CEELI will have assisted in helping Bulgaria develop an independent and highly qualified judiciary able to cope with the new challenges facing the judiciary.
2. Judicial Ethics (In developmental stage) CEELI is also interested in working on judicial ethics issues. Due to the recent changes in the Ministry of Justice, CEELI is undergoing a new assessment of the best manner in which to address this important issue. The Deputy Minister of Justice, Pvalin Nedelchev, has expressed initial interest in this issue. CEELI will pursue this issue with Mr. Nedelchev, who will also raise the issue with the Supreme Judicial Council, the entity that has direct authority over the appointment and promotion of judges. Currently, judicial ethics is addressed marginally in current Bulgarian laws but there is no comprehensive legislative - scheme and no separate judicial code of ethics exists. CEELI will also work with its liaison to encourage the Bulgarians to prepare a code of judicial ethics. If a draft judicial ethics code is prepared, CEELI would attempt to monitor and assess this code.
3. Computerization Project
(a) Goal Statement To assist in the purchase of computers for the Varna Regional Court to improve the efficient administration of the court's workload.
(b) Factual and Legal Background Currently, Bulgarian judges are responsible for writing their own decisions, which are done on old, manual typewriters. Court reporters prepare their transcripts on typewriters during the court proceedings, causing a tremendous amount of disruption due to the noise. The Bulgarian courts are in the process of computerizing their court system to provide better case management, improve the operation of letter rogatory and notarial services, improve dissemination of the information collected at the Bureau for Issuing Convictions, establish a database of standardized documents and improve archive retrieval.
CEELI is working with Dushana Zdravkova, Chairman of the Varna Regional Court, and Eddy Chakurov, a computer expert with the Varna Regional Court, to provide assistance with National Report of Bulgaria for the European community's 1 lth Colony on Legal Data Processing in Europe (October 4-6, 1993). The Varna District Court computerization project is the pilot court project is the pilot court project for court computerization in Bulgaria.
(c) Project Identified CEELI has committed to purchasing network software for the experimental Case Management Computer System in the Varna Regional Court. CEELI is the primary sponsor of this computerization project. CEELI, through its liaison, will also assist in consulting on court administration issues.
(d) Benchmarks - Targeted Area of Improvement (i) Consult with Dushana Zdravkova and Eddy Chakurov of the Varna Regional Court regarding perceived needs for computerization.
(ii) Assist in the purchase of the necessary computer equipment.
(e) Intended Results/Impact Through increased efficiency afforded by computerization, CEELI hopes to increase the professionalism of the judiciary by permitting judges to focus upon more substantive issues rather than merely administrative burdens.
2. Priority Issue #2 Bar Reform: Legal Ethics
(a) Goal Statement To assist the Bulgarians in enhancing the professionalism of the bar.
(b) Factual and Legal Background As the number of private lawyers continue to increase in Bulgaria, CEELI intends to focus its efforts upon promoting the professional integrity of lawyers. Enhancing the prestige and competence of the private bar will also enhance the stature of the judiciary. CEELI encourages the inclusion of all lawyers in a national bar association, which thereby subjects them to a code of legal ethics. Under the former centralized regime, which espoused the belief that the Communist Party--by virtue of its mass membership--expressed and stood for the interests of the entire nation, very few lawyers were necessary. Under communism, disputes regarding personal rights against the state or against state-owned enterprises rarely arose. Lawyers handled primarily small property disputes between citizens, divorces and wills. A separate system, the State Courts of Arbitration, was established to hear disputes betweens state enterprises. Legal ethics is not currently well appreciated in Bulgaria. As mentioned above, CEELI held a workshop on legal ethics in early 1993. This workshop opened the dialogue regarding professional ethics in Bulgaria. Some of the issues discussed included advertising, fees (including a discussion of potential conflicts with the law on the protection of competition), standards for admission to the bar, and relationships between lawyers.
(c) Benchmarks - Targeted Areas of Improvement (i) CEELI provided comments on the Law on the Bar and the draft Amendments submitted to Parliament on March 31, 1992. These amendments are still pending in the National Assembly.
(ii) CEELI continues to monitor this law and through its liaison, encourages the adoption of a legal ethics code. If a legal ethics code is prepared, CEELI would attempt to provide comments on it.
(iii) Through its liaison, CEELI intends to provide advice to Bulgarian bar members regarding issues arising with bar organizations and others.
In light of the recent workshop on legal ethics conducted by CEELI in January, 1993, CEELI does not currently intend to hold any further workshops in Bulgaria during this grant cycle ending in March 1993, unless further funding becomes available. CEELI remains flexible in the types of assistance it will provide. Our new rule of law liaison will analyze the need for further workshops based upon new legislation in the rule of law area upon which we may be asked to comment and provide more in depth assistance.
(d) Intended Results/Impact By increasing the professionalism of the bar, CEELI hopes to strengthen the legal reform movement occurring in Bulgaria. A more professional bar will enable the public to understand and exercise its rights more fully and thereby participate in the democratic reform process underway.
3. Local and Regional Government (In the Development Stage) CEELI recognizes the important problems faced by regional and local governments as they move to a more decentralized form of government and absorb more powers as a result. CEELI is analyzing whether it may be useful to place a long term specialist in a city outside of Sofia, such as Varna or Bourgas, to work on regional or local government issues. The determination whether to place a long term specialist will be based upon the assessment of the new rule of law liaison working in close consultation with CEELI in Washington.
4. General Legislative Reform (Ongoing) Many laws are currently pending at the National Assembly and CEELI will coordinate with our liaison to obtain copies and provide assessments of these laws as requested by the Bulgarian government. Mr. Nedelchev, Deputy Minister of Justice, has expressed interest in receiving assistance on legislative drafting. Our new rule of law liaison will follow up on this request upon her arrival in Bulgaria. Snezhana Botusharova (Vice President of the National Assembly), after meeting with CEELI in Washington, and our liaison in Bulgaria, has agreed to obtain assistance from CEELI on certain draft legislation identified by the National Assembly as being a part of the legislative agenda. In addition, Ms. Botusharova has expressed interest in CEELI conducting seminars on various legal topics specifically to educate members of parliament. Mr. Kotchev, Secretary General of the National Assembly, has been appointed the official liaison to work with CEELI. Mr. Kotchev expressed his hope to our liaison that CEELI's assistance will help the national Assembly operate more effectively and efficiently.
The Judicial Organization Bill and the Supreme Administrative Court Bill are currently pending before the National Assembly. CEELI assessed these important laws last year. CEELI will continue to monitor these laws to determine whether any further assistance may be provided.
C. Conclusion CEELI's rule of law program continues to develop at a fast pace. With the addition of a new liaison, devoted solely to rule of law issues, CEELI anticipates that its rule of law program will develop even faster. CEELI will reassess its rule of law strategy in light of the new perspective added by Ms. Pepys after her arrival in Bulgaria.
CEELI will coordinate with the staff of the CSD to publish papers on current topics affecting legal reform in the rule of law area in Bulgaria.