The Venice Commission confirms the position of the Bulgarian Helsinki Committee and does not approve the amendments to the Constitution.

The Venice Commission has announced its opinion on the changes to the Constitution voted on by the National Assembly on Friday at the first reading. In its vast majority, the Commission's opinion aligns with the assessment of the Bulgarian Helsinki Committee regarding the amendments to our fundamental law.

The Venice Commission notes that the texts were introduced without prior public discussion. The proponents from the ruling majority have failed to explain and defend this approach. The requirement for broad consultations is applicable even to ordinary laws, and the restructuring of the Constitution with such an approach is unacceptable. The Venice Commission points out that "legislation is not just an act of political will" and aligns with the criticism of the Bulgarian Helsinki Committee that the sponsors are not clear about what exactly will be achieved with the proposed texts. The commission states, "There is no assessment of the potential impact," and regards the reasons for the amendments as a "brief explanatory note."

The Venice Commission also expresses concerns about the proposed changes to the status of the chief prosecutor, who should not become a mere administrator, nor should there be two five-year terms. The main risk is that the prosecutor's council could be controlled and politically dependent, with a majority of representatives elected by parliament and only three proposed by the professional community. This council is suggested to be the body choosing the chief prosecutor.

There are also several other remarks, such as the recommendation to create an anti-blocking mechanism for situations where the parliament cannot achieve a qualified majority for the election of members of the Supreme Judicial Council and the Inspectorate. The texts related to staff cabinets are met with categorical disapproval.

Although the constitutional reform has not been preceded by a suitable public debate, the Venice Commission recommends that the Bulgarian authorities thoroughly motivate each of their proposals so that the public is aware of the impact of the new legislation.

You can find the full text of the Venice Commission's opinion here.