Commercial Legal And Institutional Reform (CLIR) - Economic Growth

COMMERCIAL LEGAL AND INSTITUTIONAL REFORM
Diagnostic Assessment Report for the Republic of Bulgaria March 2002
corresponding to the 28 administrative regions into which the country is divided
and the Sofia City Court, which functions as a District Court (the Sofia region
has its own District Court). Attached to the District Courts is the company
register.
District Courts may be divided into departments depending on caseload and the
number of judges assigned to the court (e.g., civil, criminal, commercial,
administrative, and family law). Most cases are heard by a panel of three judges,
one of whom may be a junior judge.
Other than junior judges, District Court judges are appointed for life by the SJC,
with limited removal ability, and must have at least have five years of legal or
judicial experience. The SJC appoints the chairmen of the District Courts who
have responsibility similar to Regional Court chairmen. The District Court in
Sofia, which is known as the City Court of Sofia, must perform all the tasks
attributed to a District Court and other functions, such as registration of political
parties, accreditation of foreign judgments executed in Bulgaria, appeal of
arbitration decisions, and issuing of execution orders for arbitration decisions.
c. Courts of Appeal. This court became operational early in 1998. The Courts of
Appeal hear appeals in three-judge panels from District Courts within their
jurisdictional territory. Bulgaria has five Courts of Appeal. As a rule, they are
second-instance and review appeals on first-instance decisions of the District
Courts on civil and commercial issues.
The judges for the Courts of Appeal are appointed by the SJC and must have at
least ten years of legal/judicial experience. Appointments are for life, subject to
removal for statutorily defined reasons. The courts are divided into civil,
commercial, and criminal departments and are presided over by a chairman
appointed by the SJC.
d. The Supreme Court of Cassation. Located in Sofia, this court is the highest
instance of the general court system and is therefore the highest appellate court
for civil cases. Its decisions are binding on all judicial and executive authorities.
The SJC appoints Cassation judges for life, subject to removal for statutorily
defined reasons. Cassation judges must have at least 14 years of experience in the
law or judiciary. A chairman is also appointed by the SJC and serves a
nonremovable seven-year term.
4. The Bulgarian Judiciary. The problems with the Bulgarian judiciary begin with its
confusing oversight and financing. The SJC is charged with the responsibility of
preparing and submitting to the National Assembly the annual budget for the judicial
branch. The SJC also appoints, elects, demotes, reassigns, and dismisses judges. The SJC
is dysfunctional; it is composed of judges who have heavy caseloads and administrative
responsibilities within their own judicial branch offices; it meets weekly in Sofia; it keeps
Booz Allen Hamilton
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