Law Amending And Supplementing The Law On Judiciary

Original Language Title: Закон за изменение и допълнение на Закона за съдебната власт

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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 27/06/2012 number/year Official Gazette 50/2012 Decree No 250

On the grounds of art. 101, para. 3 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 7 June 2012, readmitted on June 27, 2012.

Issued in Sofia on June 28, 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

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, 23, 32, 45, 81 and 82 by 2011; Decision No. 10 of the Constitutional Court by 2011 – issue 93 of 2011; amend. , PC. 20 by 2012.)

§ 1. Article 19 shall be amended as follows:

"Art. 19. (1) the National Assembly shall elect the members of the Supreme Judicial Council, not later than one month before the expiry of the term of Office of elected members.

(2) proposals for candidates for elected members of the High Judicial Council shall be examined by the Standing Committee of the National Assembly.

(3) the proposals for candidates for members of the High Judicial Council of the National Assembly are being made by MPs, not later than two months before the holding of the election to the Commission under para. 2. proposals shall be accompanied by a detailed written reasons and make, provided that there is prior written consent of the applicant. To apply the proposals and documents laid down by the Commission, relating to requirements for incompatibility, legal experience, career advancement and higher education on specialty "law".

 (4) the Commission may determine and other documents that applicants must submit.

(5) the proposals together with a detailed professional biography of applicants and the documents referred to in para. 3 publish within three working days of receiving them on the website of the National Assembly. Published the name and the motives of the people's representative, the relevant application.

(6) Publication of proposals and documents referred to in para. 3 shall be carried out in accordance with the data protection act and the Act on protection of classified information. "

§ 2. Art is created. 19A:

"Art. 19. (1) within 14 days of the publication of applications each candidate shall submit to the Commission, which prepares the choice, written concept for his work as a member of the Supreme Judicial Council. Within the same time limit the candidates for the members of the Supreme Judicial Council shall make a declaration of property condition and origin of the funds for the acquisition of the property on the model proposed by the Commission and by the Supreme Judicial Council and approved by the Minister of Justice. The concept and the Declaration shall be published within three working days of receiving them on the website of the National Assembly.

(2) non-profit organizations registered for the making of public higher education institutions and scientific organizations not later than 7 days before the hearing may submit to the Commission the opinions of the applicant including questions that are put to him. Anonymous opinions and signals shall not be considered. The opinions and questions are published on the website of the National Assembly within three days after their presentation. Do not publish specific details that make up the classified information, as well as the facts of the intimate life of individuals.

(3) the Commission shall hear each candidate who presents to her the concept under para. 1. The hearing schedule and announced by the Commission not later than one month before the meeting. The hearing shall be held in open court to the Commission not later than 14 days before the holding of the election. The hearing shall be a full verbatim report, which is published on the website of the National Assembly. Questions to the applicant may send the members of the Commission, including on the basis of the opinions referred to in paragraph 1. 2.

(4) the Commission shall draw up a report on the professional and moral qualities of the candidates, with offering applications for discussion and vote in the National Assembly. The report contains the conclusion of:

1. the minimum legal requirements for taking up his duties;

2. the availability of data that questioning the moral qualities of the candidate, his qualifications, experience and professional qualities;

3. the specific preparation, the skills and the motivation for the position;

4. public reputation and public support for the candidate.

(5) the report shall be published on the website of the National Assembly. "

§ 3. Art is created. 19 (b):

"Art. 19b. The National Assembly shall elect each Member of the Supreme Judicial Council individually. "

§ 4. Article 20 is amended as follows:

"Art. 20. (1) the authorities of the judiciary are choosing members of the High Judicial Council, not later than one month before the expiry of the term of Office of elected members.

(2) proposals for elected members of the High Judicial Council meetings are made under art. 21, para. 3 – 7 and art. 21A, para. 1. (3) the election of a member of the Supreme Judicial Council of the quota of judges and prosecutors from the quota of the individual General delegate assemblies of judges and prosecutors in a delegate representation of 5 people. In the remainder, less than 5 people don't delegate elect. "

§ 5. Article 21 shall be amended as follows:


"Art. 21. (1) the proposals for candidates for elected members of the High Judicial Council of the judiciary may be made by each participant in the meetings of the judges and the prosecutors. The proposal shall be accompanied by written reasons of the participant in the meeting, made the proposal. A proposal is made, provided that there is prior written consent of the applicant.

(2) the meetings of the judges and the prosecutors and elected delegates to the meetings referred to in art. 20, para. 3. (3) the Supreme Court of Cassation, the Supreme Cassation Prosecutor's Office, the Supreme Administrative Prosecutor's Office, courts of appeal and appeal prosecutors ' offer candidates for members of the High Judicial Council and elected delegates to the meetings referred to in art. 20, para. 3 the individual meetings.

(4) the judges of the Supreme Administrative Court and the administrative courts offer candidates for members of the High Judicial Council and elected delegates to the General Assembly of the delegatsko judges of art. 20, para. 3 the General Assembly separately.

(5) judges and prosecutors from the respective District Court offer candidates for members of the High Judicial Council and elected delegates to the meetings referred to in art. 20, para. 3 the individual meetings.

(6) the judges of the military courts and the military court of appeal offer candidates for members of the High Judicial Council and elected delegates to the General Assembly of the delegatsko judges of art. 20, para. 3 the General Assembly separately.

(7) the prosecutors of the district and military prosecutors ' offices in the military appellate Prosecutor's Office offered candidates for members of the High Judicial Council and elected delegates to the General Assembly of the delegatsko prosecutors under art. 20, para. 3 the General Assembly separately.

(8) the judges of the Special Criminal Court and appeals from specialized criminal court offered candidates for members of the High Judicial Council and elected delegates to the meeting of the judges of the Court of appeal in Sofia.

(9) the prosecutors of the public prosecutor's Office and the Board of specialized prosecution office offered candidates for members of the High Judicial Council and elected delegates to the meeting of prosecutors from the Appellate prosecutor's Office in Sofia. "

§ 6. Art is created. 21A:

"Art. 21. (1) the investigators of the national investigation service, the district prosecutors ' offices, the district prosecutors ' offices in the military and by the specialized public prosecutor's Office offered candidates for an elected member of the Supreme Judicial Council to the General Assembly separately.

(2) the Assembly of Pará. 1 shall be convened by the Director of the national investigation service with a written invitation or at the request of one-fifth of the members of the Supreme Judicial Council for up to three months before the expiry of the term of Office of the election a member of the Supreme Judicial Council. The call for convening the meeting shall state the date, place and time of the meeting.

(3) the Assembly of Pará. 1 takes place at present more than half of those entitled to participate. In the absence of the quorum the meeting takes place one hour later than the specified and considered a regular, if present, one third of those entitled to participate.

(4) the Assembly for the election of a member of the Supreme Judicial Council shall be convened not earlier than 20 days and not later than one month from the conduct of the meeting referred to in paragraph 1. 1 subject to quorum requirements under paragraph 1. 3. "

§ 7. Art is created. 21 (b):

"Art. 21 (b). (1) the judges or prosecutors of any meeting referred to in art. 21 can offer the corresponding total delegatsko Assembly candidates for members of the High Judicial Council:

1. up to 50 people in the establishment plan — one candidate;

2. every further 50 people – a candidate;

3. the remainder over 25 people – another candidate.

(2) proposed for the selection of the General Delegate Assembly candidates for the members of the Supreme Judicial Council by the respective assemblies of judges and prosecutors are believed to be those who have received the majority, more than half of those present by secret ballot.

(3) where, in the first vote one or several candidates have not obtained the required majority, held a revote. If the second vote one or several candidates have not obtained the required majority, elected or selected are considered to be those that have received the most votes. "

§ 8. Article 22 shall be amended as follows:

"Art. 22. (1) the meetings under art. 21 shall be convened by written invitation by the head of the judiciary, or at the request of one-fifth of the members of the Supreme Judicial Council for up to three months before the expiry of the term of Office of the elected members of the High Judicial Council. The call for convening the meeting shall state the date, place and time of the meeting.

(2) the meetings under art. 21, para. 4, 6 and 7 shall be convened by written invitation by the President of the Supreme Administrative Court, President of the military appeal court and of the military Appellate prosecutor.

(3) When the Assembly is not called by the persons referred to in para. 1 and 2 within 7 days of the expiry of the period referred to in paragraph 1. 1, the Minister of Justice shall determine the date, place and time of conducting.

(4) the meetings of art. 21 take place when they attend more than half of the persons who have the right to participate. In the absence of a quorum, meetings take place one hour later than the specified and are thought to be regular, if they attend one-third of those entitled to participate.


(5) the delegates shall be elected by a majority of more than half of those present by secret ballot. When the first vote one or several delegates have not obtained the required majority, held a revote. If the second vote one or several delegates have not obtained the required majority, elected or selected are considered to be those that have received the most votes. After selecting the Protocol with the decision on the selection of delegates and for proposals for candidates for elected members of the High Judicial Council shall be forwarded immediately to the Supreme Judicial Council. The selected delegates are include in the list for participation in relevant General Assembly delegatsko. "

§ 9. Art is created. 22A:

"Art. 22. (1) the proposals for candidates for elected members of the High Judicial Council shall be forwarded without delay by the authorities of the administrative heads of the judiciary, convened the meeting of the Supreme Judicial Council. Proposals are sent only if they are accompanied by a written consent and detailed professional biography of the nominee, as well as the name and the written reasons of the participant in the meeting, relevant application.

(2) the Supreme Judicial Council may determine and other documents that applicants must submit.

(3) the Supreme Judicial Council within three working days of receipt of the documents referred to in para. 1 publish them on its website. At the same time the Supreme Judicial Council officially published on its website and documents of each candidate from his personnel record under art. 30 (a), para. 2. The publication shall be effected in accordance with the data protection act and the Act on protection of classified information.

(4) upon receipt of any proposal the Supreme Judicial Council requested by the Inspectorate to the Supreme Judicial Council and by the Inspectorate to the Supreme Cassation Prosecutor's Office detailed reports for all checks relating to candidates who are published on the website of the Supreme Judicial Council. The publication shall be effected in accordance with the data protection act and the Act on protection of classified information.

(5) within 14 days of the publication of applications each candidate shall submit to the Supreme Judicial Council written concept for his work as a member of the Supreme Judicial Council. Within the same time limit the candidates for the members of the Supreme Judicial Council shall make a declaration of property condition and origin of the funds for the acquisition of the property on the model proposed by the Commission under art. 19, para. 2 and by the Supreme Judicial Council and approved by the Minister of Justice. The concept and the Declaration of each candidate shall be published within three working days of receiving them on the website of the Supreme Judicial Council.

(6) non-profit organizations registered for the making of public higher education institutions and scientific organizations not later than 7 days before the hearing may submit to the Supreme Judicial Council opinions on the candidate, including questions that are put to him. Anonymous opinions and signals shall not be considered. The opinions and questions are published on the website of the Supreme Judicial Council within three days after their presentation. Do not publish specific details that make up the classified information, as well as the facts of the intimate life of individuals.

(7) the Supreme Judicial Council informed of the contributions and the corresponding signals assemblies of judges, prosecutors and investigators. "

§ 10. In art. 23 is made the following changes and additions:

1. Paragraph (3) is hereby repealed.

2. Paragraph 4 is replaced by the following:

"(4) the meetings referred to in paragraph 1. 1 and 2 shall be convened within one month of the conduct of the meetings for the supply of candidates for elected members of the High Judicial Council and for the selection of delegates. "

3. in the Al. 5, the words "para. 1 – 3 "shall be replaced by" para. 1 and 2, the words "or all of the investigators ' shall be deleted and the second sentence:" in the absence of the quorum the meeting takes place one hour later than the specified and considered a regular, if more than half of the persons who have the right to participate. "

§ 11. Article 24 shall be replaced by the following: "art. 24. (1) Delegates of Assembly under art. 23, para. 1 and 2 listen to each candidate, as candidates are presented in alphabetical order. Not to hear and not to vote on a candidate whose application is not published by the order of art. 22 and who has not issued a written statement in the concept and term.

(2) the hearing shall be a full verbatim report. Delegates may send questions to the candidate.

(3) where the candidates can be heard in one day, the Chair may put a limit on the time for submission for placing and answering questions.

(4) Meetings are public and are broadcast in real time on the Internet through the website of the Supreme Judicial Council.

(5) the General Delegate Assembly elected members of the High Judicial Council by secret ballot and by a majority of more than half of those present.

(6) where, in the first vote one or several candidates have not obtained the required majority, held a revote. If the second vote one or several candidates have not obtained the required majority, elected or selected are considered to be those that have received the most votes.

(7) paragraphs 1 to 6 shall apply to the general meeting of investigators under art. 21A, para. 4. "

§ 12. Article 44 is amended as follows:

"Art. 44. (1) the National Assembly elects a Chief Inspector and inspectors, not later than one month before the expiry of their term of Office.


(2) proposals for candidates for Chief Inspector and inspectors shall be examined by the Standing Committee of the National Assembly.

(3) the proposals for candidates for Chief Inspector and inspectors are being made by MPs, not later than two months before the holding of the election to the Commission under para. 2. proposals shall be accompanied by a detailed written reasons and make, provided that there is prior written consent of the applicant. To apply the proposals and documents laid down by the Commission, relating to requirements for incompatibility, legal experience, career advancement and higher education on specialty "law".

(4) the Commission may determine and other documents that applicants must submit.

(5) the proposals together with a detailed professional biography of applicants and the documents referred to in para. 3 publish within three working days of receiving them on the website of the National Assembly. Published the name and the motives of the people's representative, the relevant application.

(6) Publication of proposals and documents referred to in para. 3 shall be carried out in accordance with the data protection act and the Act on protection of classified information. "

§ 13. Article 45 shall be replaced by the following:

"Art. 45. (1) within 14 days of the publication of applications each candidate for Chief Inspector and inspector shall submit to the Commission, which prepares the choice, written concept for his work. In the same period, applicants submit a declaration for the property you're condition and origin of the funds for the acquisition of the property on the model proposed by the Commission and by the Supreme Judicial Council and approved by the Minister of Justice. The concept and the Declaration shall be published within three working days of receipt of the websites of the National Assembly and of the Inspectorate to the Supreme Judicial Council.

 (2) non-profit organizations registered for the making of public higher education institutions and scientific organizations not later than 7 days before the hearing may submit to the Commission the opinions of the applicant including questions that are put to him. Anonymous opinions and signals shall not be considered. The opinions and questions are published on the websites of the National Assembly and of the Inspectorate to the Supreme Judicial Council within three days after their presentation. Do not publish specific details that make up the classified information, as well as the facts of the intimate life of individuals.

(3) the Commission shall hear each candidate for inspector and Chief Inspector, who presented to her the concept under para. 1. The hearing schedule and announced by the Commission not later than one month before the meeting.

(4) the hearing shall be held in open court to the Commission not later than 14 days before the conduct of the election. The hearing shall be a full verbatim report, which is published on the website of the National Assembly. Questions to the candidates can make the members of the Commission, including on the basis of the opinions referred to in paragraph 1. 2.

(5) the Commission shall draw up a report on the professional and moral qualities of the candidates, with offering applications for discussion and vote in the National Assembly. The report contains the conclusion of:

1. the minimum legal requirements for taking up his duties;

2. the availability of data that questioning the moral qualities of the candidate, his qualifications, experience and professional qualities;

3. the specific preparation, the skills and the motivation for the position;

4. public reputation and public support for the candidate.

(6) the report shall be published on the website of the National Assembly. "

§ 14. Article 46 shall be amended as follows:

"Art. 46. The National Assembly shall elect the Chief Inspector and inspectors each individually with a two-thirds majority of the MPS. "

§ 15. A chapter three "a" with art. 60 and-60 m: "chapter three" a "

EXAMINATION OF APPLICATIONS AGAINST VIOLATING THE RIGHT TO EXAMINE AND SOLVE THE CASE WITHIN A REASONABLE PERIOD OF TIME

Section I

General

Art. 60. (1) in accordance with this chapter shall be considered applications of citizens and legal persons against acts, actions or omissions of bodies of the judiciary, which violates their right to examine and solve the case within a reasonable period of time.

(2) Applications under paragraph 1. 1 shall be submitted by citizens and legal persons who are:

1. Parties to the completed civil, administrative and criminal proceedings;

2. the accused, injured or wronged legal persons under suspended pretrial proceedings.

(3) in accordance with this chapter shall be determined and paid compensation in accordance with the practice of the European Court of human rights in the amount not exceeding $10 000.

(4) Applications under paragraph 1. 1 shall be submitted within 6 months from the completion of the production with the final act by the Inspectorate to the Supreme Judicial Council to the Minister of Justice.

(5) For the applications is created a separate register, which is published on the website of the Inspectorate to the Supreme Judicial Council.

(6) no fee is payable for the examination of the applications in accordance with this chapter.

Section Ii

Content and verification of application

Art. 60 (b). (1) the application must be written in the Bulgarian language and contain:

1. the names of the identity document, and the address, telephone, fax and e-mail address, if any, for Bulgarian citizens;


2. the names, personal identification number of the alien and address, phone, fax and e-mail address, if any, for foreigners;

3. the merchant or company name of the legal person, and of the Bulgarian language, and the last seat referred to in the relevant register address and electronic address;

4. indication of the Act, action or failure to act which was committed by the relevant authority;

5. the authority to which the application is submitted;

6. What is the request;

7. signature of applicant.

(2) the applicant shall file a statement that no request for compensation for the same violation and compensation is not paid in a different order.

Section III

Order for the examination of applications

Art. 60. (1) the examination of the application under art. 60 a, para. 1 shall be carried out by the Inspectorate to the Supreme Judicial Council, to which created a specialized unit.

(2) for experts in the specialized unit are appointed lawyers who have at least 5 years of legal experience. The remuneration of experts is equal to the remuneration of a judge in District Court.

(3) the Chief Inspector shall allocate licence applications of composition by an inspector and two experts on the principle of random selection, one of the experts determined rapporteur.

(4) If the application does not satisfy the requirements of art. 60 b, para. 1 and 2, the message is sent to the applicant for the removal of the irregularities within 7 days from receipt of the communication.

(5) if the applicant does not remedy the irregularities, the application together with the attachments is returned.

Art. 60. (1) The results of the verification shall be established finding.

(2) the minutes shall be signed by the members of the inspection staff and contains data on: 1. time and place of establishment;

2. the applicant;

3. the Verifier;

4. case which must be drawn up;

5. the total period of production; for the period of delay for which the competent authority is responsible; for the period of delay, due to the acts or omissions of the applicant or of his legal or procedural representative.

(3) in the konstativniâ Protocol reflects the opinion of the reviewer in question complied with composition is the term of art. 60 a, para. 4.

Art. 60 e. the attestation a protocol under art. 60 years shall be drawn up in 4 months of receipt of the application, by the removal of the irregularity. The Protocol together with the application and all documents shall be sent to it, without delay, submit to the Minister of Justice.

Art. 60. (1) the Minister of Justice or a person authorised by him on the basis of established by the inspection staff facts and circumstances shall reject the application as unfounded when:

1. the length of the proceedings does not exceed the reasonable period of time;

2. the delay is due to the acts or omissions of the applicant or of his legal or procedural representative.

(2) when the right of the applicant to examine and solve the case within a reasonable period of time is impaired, the Minister of Justice or a person authorised by him, determines the amount of the benefit in accordance with the case-law of the European Court of human rights and propose the conclusion of an agreement with the applicant.

Art. 60 g. inspection of the circumstances and any such application shall be made within 6 months from its receipt.

Section Iv

Payment of benefits

Art. 60 h. benefits are paid on the basis of the agreement.

Art. 60. The funds required for payment of the amounts referred to in the agreements are provided from the State budget.

 Art. 60 HP. (1) the benefits due under this chapter shall be paid from the budget of the Ministry of Justice.

(2) the Minister of Finance shall provide quarterly funds in the budget of the Ministry of Justice to the extent of actual benefits paid under para. 1 for the quarter concerned by the change in the budget his relationships with the central budget.

Art. 60 l. persons received compensation pursuant to this chapter may not seek compensation on the same basis in the courts.

Section V

Measures to eliminate the causes of the violations

Art. 60. (1) the Chief Inspector shall send each quarter of the Supreme Judicial Council data for the infringements established and the Minister of Justice, for benefits paid.

(2) the Supreme Judicial Council analyzed every six months the causes of violations and take measures for their removal.

(3) the Supreme Judicial Council shall publish on its website the information under para. 1 and 2. "

§ 16. In art. 77, para. 4 after the word "conviction" is added "including the filing of an application with a digital signature for the issue of certificates of conviction and a criminal record reports in electronic form" and a comma.

§ 17. In art. 87, para. 2, after the word "seconded" insert "district" and a comma after the word "district" is added "or appeal" and after the words "Court of appeal" is added "with an appropriate rank subject of art. 227. "

§ 18. In art. 100, para. 2, after the words "judge" is added "district" and a comma.

§ 19. In art. 167 make the following amendments and supplements: 1. a new paragraph. 2:

"(2) the procedure for the selection of candidates for administrative leaders, with the exception of the President of the Supreme Court of Cassation, Supreme Administrative Court President and Chief Prosecutor from the Supreme Judicial Council not earlier than three months and not later than one month before the expiry of their term of Office or within 7 days from the occurrence of a circumstance under art. 175, para. 1. "

2. the Previous para. 2 and 3 become respectively al. 3 and 4.

§ 20. In art. 173 following amendments and supplements shall be made:


1. In paragraph 8. 1, the words "two months" shall be replaced by the words "six months" and the words "of one month" shall be replaced by the words "three months".

2. in the Al. 4 creating a second sentence: "the proposals and reference frame of the candidates shall be published within three working days of receiving them on the website of the Supreme Judicial Council, along with the concept of Pará. 6. "

3. Create a new para. 6 and 7:

"(6) the candidates for the President of the Supreme Court of Cassation, Supreme Administrative Court President and Chief Prosecutor presented a concept for his work as administrators.

(7) legal persons with non-profit, registered for the realization of public higher education institutions and scientific organizations not later than 7 days before the hearing may submit to the Supreme Judicial Council opinions on the candidate, including questions that are put to him. Anonymous opinions and signals shall not be considered. The opinions and questions are published on the website of the Supreme Judicial Council within three days after their presentation. Do not publish specific details that make up the classified information, as well as the facts of the intimate life of individuals. "

4. the Previous para. 6 and 7 become Al respectively. 8 and 9.

5. The current paragraph. 8 it al. 10 and in her words "para. 1-7 "is replaced by" para. 1-9 ".

§ 21. In art. 174, para. 1 the words "and 7 ' shall be replaced by" and 9 ".

§ 22. In art. 175, para. 6 ' and 7 ' shall be replaced by "and 9".

§ 23. In art. 194 and make the following additions:

1. In paragraph 8. 2 Finally a comma and add "and the concept for his work as administrators.

2. in the Al. 3, the first sentence is finally placed a comma and add "together with the concept of Pará. 2. "

3. a para. 6:

"(6) non-profit organizations registered for the making of public higher education institutions and scientific organizations not later than 7 days before the Conference under art. 194 (b) may submit to the Supreme Judicial Council opinions on the candidate, including questions that are put to him. Anonymous opinions and signals shall not be considered. The opinions and questions are published on the website of the Supreme Judicial Council within three days after their presentation. Do not publish specific details that make up the classified information, as well as the facts of the intimate life of individuals. "

§ 24. In art. 194 (b) make the following amendments and additions:

1. a new paragraph. 3:

(3) at the time of the interview, the members of the Supreme Judicial Council may send questions to the applicant and, on the basis of the opinions referred to in art. 194 a, para. 6. "

2. The current paragraph. 3 it al. 4.

3. The current paragraph. 4 it al. 5 and in her words "para. 3 "shall be replaced by" para. 4. "

§ 25. Article 374 is replaced by the following:

"Art. 374. (1) the Inspectorate of the Minister of Justice is composed of inspectors who are guided by the Chief Inspector.

(2) the Chief Inspector and inspectors are appointed by the Minister of Justice. The Chief Inspector is appointed for a term of 5 years, and inspectors — for a period of 4 years, with no limit for the next appointment.

(3) The Chief Inspector may appoint a person who has at least 10 years of legal experience, and for inspector – at least 5 years of legal experience.

(4) the remuneration of the Chief Inspector is equal to the remuneration of a judge in the District Court, and the inspectors – on the remuneration of a judge in District Court.

(5) on initial appointment of Chief Inspector or Inspector contest is held in the labor code. "

§ 26. Article 375 shall be amended as follows:

"Art. 375. (1) in the dismissal of the Chief Inspector or inspector shall be repaid to the face that stretches up to his appointment, if you worked in the organs of the judiciary.

(2) the restoration under para. 1 the person shall submit within 14 days of his release from Office a request to the Supreme Judicial Council or the Minister of justice – the State bailiff or judge the entries.

(3) the time served as Chief Inspector and Inspector in the Inspectorate to the Minister of Justice, respect for the experience of art. 164, para. 1-7. "

§ 27. Art is created. 377:

"Art. 377. (1) the Minister of Justice in consultation with the Supreme Judicial Council issued a decree for the line to build, deployment, use and development of automated information systems in the judiciary.

(2) the Ordinance referred to in para. 1 shall be published in the Official Gazette. "

§ 28. New art. 386:

"Art. 386. (1) in the Ministry of Justice has a Central Bureau of criminal records. The Central Bureau of criminal records shall perform the duties of central authority, which exchanges information with the central authorities of the other Member States of the European Union, in force on sentences of Bulgarian and foreign citizens entered in criminal in accordance with national legislation.

(2) Central Bureau for criminal record collect, store and update the criminal record in the Al. 1, Exchange information with the criminal records Bureau in the district courts and the central authorities of the other Member States of the European Union, as well as with systems of the European Union and international organisations.

(3) For the transmission and receipt of information electronically under para. 1 the Ministry of Justice shall establish and maintain an information system "central database" Conviction ".

(4) the functions and organization of the activities of the Central Bureau of criminal records, the conditions for the construction of the information system "central database" Conviction, "maintenance and operation, as well as the exchange of information under para. 2 shall be settled by the Ordinance under art. 77, para. 4.


(5) the personal data referred to in the requests and responses to requests for information about criminal records, are being processed in accordance with the law on the protection of personal data for the purposes and on the grounds for which they were solicited. "

§ 29. In art. 403. 1 in the text before point 1, the words "the Supreme Judicial Council adopts" shall be replaced by the words "the Minister of Justice, in consultation with the Supreme Judicial Council, issued".

Transitional and final provisions

§ 30. In the conduct of elections for members of the High Judicial Council in 2012 the choice referred to in art. 19, para. 1 is held until 28 September 2012.

§ 31. In the conduct of elections for members of the High Judicial Council in 2012 meetings under art. 20, para. 3 and under art. 21A, para. 4 take place until 28 September 2012.

§ 32. (1) after the expiry of the term of Office of the newly elected Supreme Judicial Council Supreme Judicial Council is considered to be constituted, after having elected members, which together with its members in law constitute two-thirds of its composition.

(2) the activities of the previous Supreme Judicial Council shall terminate with the establishment of the newly elected Supreme Judicial Council pursuant to this Act.

§ 33. (1) within 30 months of the entry into force of this law, the Law on the judiciary are created rules for the direct election of members of the High Judicial Council of the judiciary by voting electronically.

(2) no later than nine months before the expiry of the term of Office of elected members chosen in 2012, Supreme Judicial Council takes place on electronic voting trial rules under para. 1.

§ 34. (1) within 6 months from the entry into force of chapter three "a" or by notification by the registry of the European Court of human rights recognised in the European Court of human rights complaints against violating their right to examine and solve the case within a reasonable period, may apply in accordance with chapter three "a", except in cases When the Court has already given a decision on the merits of the complaint or appeal left without consideration as inadmissible.

(2) Applications under paragraph 1. 1 be considered within 18 months of their receipt.

§ 35. For the application of chapter three "a" in 2012, the Council of Ministers provides additional appropriations in the budgets of the judiciary and the Ministry of Justice.

§ 36. Customer's open on the date of entry into force of this law, the administrative procedures for the selection of executives under art. 194 and 195 (b) completed in the previous row.

§ 37. (1) the Incumbent Chief Inspector and inspectors in the Inspectorate of the Minister of Justice shall continue to perform their duties, such as within one month from the entry into force of this law shall be reassigned on the employment relationship in a post "Chief Inspector" and "Inspector".

(2) for the incumbent Chief Inspector and inspectors from the Inspectorate of the Minister of justice the time limits referred to in art. 374, para. 2 shall run from the date of the reassignment on the employment relationship of the relevant posts.

§ 38. (1) the construction of the information system referred to in art. 386. 3 shall be carried out within 6 months from the entry into force of this law.

(2) within the period referred to in paragraph 1. 1 the Ordinance under art. 77, para. 4 shall be brought into conformity with this Act.

§ 39. Constitutional Court Act (promulgated, SG. 67 of 1991; amend., no. 25 of 2001 No. 45 of 2002, no. 114 of 2003. Decision 1 of the Constitutional Court since 2006 – 23/06) the following amendments and supplements shall be made:

1. In art. 10, para. 4 after the word "age" is added "without terminating the provision elsewhere", the words "under the conditions and in the amount provided in art. 106, para. 3 and art. 109 of the law on civil servant "shall be replaced by ' up to 20 monthly salaries by order, determined by the regulation for the organisation and operation of the Constitutional Court".

2. In art. 11, para. 3 Finally, the comma and added, "as in the cases under art. 148, para. 1, item 1 of the Constitution the termination occurs with the swearing-in of newly elected or newly appointed judge ".

§ 40. Paragraph 15 concerning art. 60 a, art. 60 (b), art. 60 in, al. 3-5, art. 60 d – 60 m shall enter into force from 1 October 2012.

The law was adopted by 41-Otto National Assembly on 7 June 2012 and on 27 June 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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