Supreme Judicial Council (SJC) - Bulgaria

 

Supreme Judicial Council (SJC) is founded with the enactment of the Constitution of the Republic of Bulgaria (Article 130 – 133) in 1991. The Supreme Judicial Council Act determines for the first time the organization and activities of the council and in accordance with it the first members’ college was created on September 27th, 1991. This legislative act was later canceled by Paragraph 14 of the Transitional and Final Provisions of the Judiciary System Act enacted on July 25th, 1994.

According to the Judiciary System Act, published in the State Newspaper, issue 64/2007, the Supreme Judicial Council is a permanent acting body, which represents the judicial power and secures its independence, determines its personnel and the work organization of the judicial system, and manages its activities without interfering with the independence of its bodies.

The Supreme Judicial Council is a legal entity with a registered office in Sofia, Bulgaria. It is represented by one of its elective members, determined by the Council’s decision.

SJC consists of 25 members, legal experts with high professional and moral qualities, having at least 15 years of judicial experience. From this members’ college, members by law are the chairperson of the Supreme Court of Cassation, the chairperson of the Supreme Administration Court and the Prosecutor General. They are appointed by an Act of the President of the Republic. Eleven of the members of the council are elected by the Parliament, and the other eleven members - by the bodies of the judicial system. The mandate of the elective members of the SJC is 5 years and they cannot be reelected for two consecutive mandates. Permanent and temporary commissions are created with the SJC to support its activities. The SJC is also supported by administrative personnel led by a secretary general.

The sessions of the SJC are initiated by the presiding person at least once a week. The Minister of Justice organizes and leads its sessions. When the Minister of Justice is absent the sessions are presided successively by a SJC member by law.

SJC adopts its decisions with a majority of more than half of the present members of the Council by open voting, except for the cases where the Constitution requires something else. Concerned persons can appeal the decision of the Supreme Judicial Council within 14 days from notifying them before the Supreme Administrative Court.

Fulfilling its powers, the SJC performs activities like: discussing and acceptance of the draft budget of the judicial system, and controlling its execution; appointing, promoting, moving and releasing from duty of magistrates; imposing disciplinary punishments according to the Judiciary System Act; organizing magistrates’ qualification courses; determining the number of judicial regions and the headquarters of the courts, the number of judges, prosecutors and investigators with the individual courts, prosecutor offices and investigative offices; and other activities specified in the Judiciary System Act.

 

Source: www.vss.justice.bg