Publisher: Център за изследване на демокрацията

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Integrating refugee and asylum-seeking children in the educational systems of EU Member States

Integrating refugee and asylum-seeking children in the educational systems of EU Member States

Author(s): / Language(s): English

This Handbook presents the research instruments and findings developed within the project “Integrating Refugee and Asylum-seeking Children in the Educational Systems of EU Member States: Evaluation and Promotion of Current Best Practices” – INTEGRACE. The research encompasses twenty-six EU Member States participating in the European Refugee Fund, as well as Denmark, Norway, and four Western Balkan states (Serbia, Montenegro, Croatia and Bosnia and Herzegovina). The country reports’ main focus is on illustrating successful practices in the educational integration of refugee and asylum-seeking children (RASC). Standardised outlines of select best practices (“inventory tables”) are constructed. They can aid future research in the field of RASC educational integration by forming a basic point of reference in the comparative analysis of best practices. Review of the best practices in thirty-two countries enabled generalisations on the overall developments of policy and practice in the educational integration of RASC in the EU. The Handbook also presents an innovative methodology for “mirror” evaluations and impact assessments aimed to identify key transferability conditions and parameters to facilitate the replication of best practices in the area of educational integration of RASC in different contexts.

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Crime and Punishment: Studying Justice System for Shaping Criminal Policy

Crime and Punishment: Studying Justice System for Shaping Criminal Policy

Author(s): Todor Galev,Alexander Stoyanov,Neli Dineva,Nina Denisova / Language(s): English

The current publication analyses the findings of the survey on public trust in Bulgarian police and courts, including personal assessments about the level of corruption in these institutions and the subjective perceptions of fear of crime. Two main factors are moulding the public trust: the state institutions’ effectiveness, their procedural justice and their distributive fairness towards citizens, as well as institutions’ legitimacy, the legality of their actions and the shared moral principles, which build up the obligation to respect the rules and the decisions of these institutions. The publication suggests that Bulgaria should introduce a system of indicators for assessing the public trust in the criminal justice system. These indicators would be instrumental for the more comprehensive definition of the problems, which criminal justice institutions face, and for more effective monitoring of public opinion fluctuations.

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Better Management of EU Borders through Cooperation

Better Management of EU Borders through Cooperation

Author(s): Philip Gounev,Tihomir Bezlov,Mois Faion,Dobromir Hristov / Language(s): English

The study Better Management of EU Borders through Cooperation was commissioned by Directorate General ‘Home Affairs’ of the European Commission. CSD led a team of international experts to examine and identify the best practices of cooperation between Border Guards and Customs administrations working at the external borders of the European Union. During the yearlong effort, the CSD team interviewed representatives of all customs and border guard agencies of EU Member States. In twelve Member States the CSD team visited 25 land border crossings, ports, and airports to discuss with Customs and Border Guard officers how the cooperation between them takes place in practice. The study examines eleven particular areas of cooperation including: strategic planning, information exchange, workflow coordination at Border Crossing Points (BCP), risk analysis, criminal investigations, joint operations, control over ‘green’ and ‘blue’ borders, emergency situations, infrastructure and equipment sharing, and training and human resource management.

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Examining the links between organised crime and corruption

Examining the links between organised crime and corruption

Author(s): Philip Gounev,Tihomir Bezlov / Language(s): English

The study Examining the links between organised crime and corruption was commissioned by the European Commission (DG JLS). This is the first study that examines systematically across all 27 EU Member States how organised crime uses corruption as a tool. The study is based on more than 150 interviews with corruption specialists (police, prosecutors, criminologists, and fraud specialists). More than 120 statistical and survey indicators on corruption and organised crime were analysed to examine the trends and patterns in organised crime’s use of corruption. The study focuses on how organised and white collar criminals use corruption to target public institutions (politicians, police, judiciary, and customs), as well as how it is used for the operation of key criminal markets (cigarettes, drugs, prostitution, car-theft, and extortion-racketeering). The study also examines how private sector company employees are corrupted by organised criminals. Although the study does not map the specifics of how corruption is used in each EU Member State, six in-depth studies (on Bulgaria, France, Greece, Italy, Netherlands, and Spain) provide a more in-depth look in the situation in these countries. The study was presented in April 2010 at a meeting organised by the EC to representatives of ministries of interior of all 27 EU Member States. In July 2010, the study was presented at a hearing of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament.

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Monitoring and Assessment of Public Policies and Programmes

Мониторинг и оценка на публични политики и програми

Author(s): Andrey Nonchev / Language(s): Bulgarian

The report entitled Monitoring and Assessment of Public Policies and Programmes (available in Bulgarian only) reviews the methods for monitoring the activity of the public sector, central and regional authorities and public-private partnerships. The systematic and thorough use of integrated tools for the monitoring and evaluation of public policies and programs is yet to become the normin Bulgaria. He underestimating of the importance of these practices is one of the reasons for the relatively low level of preparedness of the country in adjusting to the requirements and challenges of EU membership. The lack of monitoring and evaluation of public policies and programs leads to many problems, e.g. related to the mismanagement of EU pre-accession and structural funds, the implementation of the harmonized European legislation, the capacity of the Bulgarian administration. In this context, the knowledge and use of these methods and techniques is a prerequisite for sound, effective and accountable governance. They are also needed for increased public participation and involvement of all stakeholders in the development, implementation, monitoring and evaluation of public policies and programs.

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Conventional Crime in Bulgaria: Levels and Trends

Конвенционалната престъпност в България: Равнища и тенденции

Author(s): Emil Tsenkov,Tihomir Bezlov / Language(s): Bulgarian

Conventional crime constitutes the main share of crimes committed in Bulgaria. Its level and trends define the condition and changes in the general criminological situation in the country. The necessity of increasing the law enforcement authorities’ efficiency in countering crime has become one of the highest priorities in Bulgaria after the country’s entry into the European Union. In these conditions, the assessment of conventional crime levels in the country, as well as the performance assessment of the police, is no longer the sole monopoly of the relevant specialized state institutions. The above facts necessitate all the more that conventional crime be assessed in its dynamics by applying generally recognized standards, criteria and approaches.

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Police in the Modern Society: The Necessary Reform in Bulgaria

Полицията в модерното общество: Необходимата реформа в България

Author(s): Chavdar Chervenkov,Boyko Slavchev,Veselin Vuchkov / Language(s): Bulgarian

The issues of security and rule of law are central for the development of societies and their prosperity. The level of security provided by the state is an important prerequisite for the quantity and quality of investments coming into the economy. The personal safety of citizens frees and energizes their creative capabilities. Establishing the rule of law will factor in significantly for the rise of trust in Bulgaria on the international scene, and particularly among its partners from the European Union. The police guarantees the security and public order in the country. By law it is obligated to counteract crime and protect citizens’ rights and freedoms, to preserve their life, health and property. A few of the Bulgarian policemen continue to work and live with the understanding of being part of a power structure, established to exercise mainly repressive functions. These views are being shared to a great extent by the political class and by society as a whole. This is not the case with developed democracies, in which police is perceived as a state authority designed and bound to provide citizens with security services.

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Organized Crime in Bulgaria: Markets and Trends

Organized Crime in Bulgaria: Markets and Trends

Author(s): Author Not Specified / Language(s): English

The report Organized Crime in Bulgaria: Markets and Trends summarizes the analyses carried out by the Center for the Study of Democracy throughout the last decade which have focused on specific aspects of organized crime in Bulgaria (contraband, the drug market, tax fraud, human trafficking, arms proliferation, etc.), the systemic spread of corruption, and the linkages between the two. The report presents the latest trends and manifestations (or market niches) of syndicate crime and its particularly damaging effects. It goes further to offer a historical review of the facts and available expertise in the area, and to draw conclusions about the origin, characteristics and developmental features of organized criminality in Bulgaria in the context of the transition to democracy.

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Commentary of the Law on the Commercial Register

Закон за търговския регистър. Коментар

Author(s): Angel Kalajdzhiev,Borislav Belazelkov,Georgi Dimitrov,Dimitar Markov,Maria Yordanova / Language(s): Bulgarian

The entry into force of the Law on the Commercial Register will start a long deferred, but much needed reform in the system of commercial registration, which was incepted in the middle of the 90’s. It started with the legislative regulation of the Central Pledges Register, of the electronic document and electronic signature and the concepts for the Electronic Registries Center, initiated and developed by the Center for the Study of Democracy. The Commentary aims at supporting the reform and facilitating the use and provision of register services. It was written by experts of the Center for the Study of Democracy – renowned lawyers, working in the fields of commercial and civil law.

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Reinforcing Criminal Justice in Border Districts

Reinforcing Criminal Justice in Border Districts

Author(s): Maria Yordanova,Dimitar Markov / Language(s): English

The report makes an overview of the general problems and specifics in the detection, investigation and punishment of cross-border crime, i.e. actions, connected with illegal crossing of or illegal transfer of goods across the border. The publication also presents views about the necessary measures – legislative, organizational and technical – for enhancing justice and law enforcement in the districts close to the Bulgarian-Turkish, Bulgarian-Macedonian and the Southern Black Sea borders.

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Legal Framework of Public-Private Partnerships

Правна уредба на публично-частните партньорства

Author(s): Author Not Specified / Language(s): Bulgarian

This background paper provides legal overview of the regulatory arrangement and the practical implementation of public-private partnerships (PPPs) in 11 countries: USA, Canada, United Kingdom, Austria, the Czech Republic, France, Germany, Greece, Ireland, Italy and Poland as well as relevant European Union legislation. The profiles of the different countries allow comparison between the regulation of PPPs in them along four lines: (1) overview; (2) definition of PPPs; (3) types of PPPs; (4) application. The background paper summarizes the main PPP regulation types and juxtaposes them with the existing Bulgarian legislation. The paper concludes that the Bulgarian legislation currently does not cover any PPP relations outside classic forms such as public procurement and concessions and there is no specific mention of PPPs in the Bulgarian laws and regulations.

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Crime Trends in Bulgaria 2000 - 2005

Crime Trends in Bulgaria 2000 - 2005

Author(s): Tihomir Bezlov,Philip Gounev,Hristo Hristov / Language(s): English

The report for a second consecutive year presents information about Bulgaria’s crime rate from an alternative source - victimization surveys - and attempts to make a systematic comparison of the crime level according to victim-reported crime and police crime data. The crime situation in Bulgaria is also compared to crime in a number of European countries. The findings of three national crime victims surveys, referred to throughout this report as National Crime Surveys (NCS), offer an opportunity to assess street crime in Bulgaria in the period 2000–2005. The first NCS 2002 and NCS 2004 examined only 11 categories of offenses against households and persons, while NCS 2005 also incorporates 11 categories of offenses against companies. The 11 categories of offenses included in the NCS correspond to about 80% of all police-registered crimes in Bulgaria. The report does not cover corruption, drug-related or organized crime offenses, as they are the subject of other CSD analyses. Toward the end of the 1990s and, particularly after the year 2000, as the prospect of EU membership became more likely, greater political stability and economic prosperity in Bulgaria led to a gradual decrease in crime. This trend, which was most perceptible in the period 2000–2005, was the result of several factors. Declining unemployment, rising incomes and economic growth provided alternatives to many individuals with criminal incomes. Demographic processes and emigration also contributed to the reduction in crime. Further strengthening of the judiciary and the law-enforcement systems, in an attempt to meet EU-set requirements, revived the criminal justice system, which in 2004 issued six times more sentences than it did in 1993. A comparison of the NCS 2005 with the European Union International Crime Survey (EUICS) shows that Bulgaria’s level of street crime has remained lower than the average level of EU countries. Whereas in 2004 the average EU prevalence rate for the eleven crime categories among citizens above 15 was 15.6%, the prevalence rate in Bulgaria was 12.9%. The dynamics of some types of crimes, however, calls for special attention.

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The Healthcare Ombudsman – Best Practices and Prospects for Bulgaria

The Healthcare Ombudsman – Best Practices and Prospects for Bulgaria

Author(s): Author Not Specified / Language(s): English

This edition is devoted to different aspects of the institution of the specialised healthcare ombudsman and the possibilities for its introduction in Bulgaria. The publication contains an overview of the good practices and the experience in the United Kingdom, Australia, Switzerland and Israel. The edition includes also a detailed summary of a discussion in relation with two draft laws concerning the institution of the health ombudsman and the comments and the recommendations on them of the experts of the Center for the Study of Democracy.

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Judicial Reform: The Prosecution Office and Investigation Authorities in the Context of EU Membership

Judicial Reform: The Prosecution Office and Investigation Authorities in the Context of EU Membership

Author(s): / Language(s): English

This is the second publication of the Center for the Study of Democracy dedicated to the judicial reform in relation to the place and the role of the prosecution office and the investigation service. It presents the experience of the European Union Member States and the candidate countries as regards the organization and the structure of the prosecution office and the investigating authorities. It contains contributions from representatives of the courts, the prosecution offices and the investigating authorities of Spain, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Hungary and the Czech Republic as well as judges, investigators, representatives of the legislature and the executive and non-governmental organizations in Bulgaria. The publication aims to continue the broad public and expert discussion on the different options to reform the judiciary in Bulgaria, following the successful models implemented in other countries.

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Injecting Drug Users In Bulgaria. Profile and Risks

Injecting Drug Users In Bulgaria. Profile and Risks

Author(s): Tihomir Bezlov,Cas Barendregt / Language(s): English

Despite the epidemic rate of growing use of psychoactive substances after 1990, the public continues to know too little about the drug users, as well as about the risks related to them. In the summer of 2003 four Bulgarian non-government organizations – Initiative for Health Foundation - Sofia, Dose of Love Association - Bourgas, Panacea Foundation - Plovdiv, and Pleven 21 Century Foundation in cooperation with the Addiction Research Institute IVO - Rotterdam succeeded in conducting a survey requiring special efforts. They implemented an outreach approach to the IDUs providing needles and syringes for exchange, as well as health services. As a result from this experience the programmes were able to secure a unique possibility to interview a great number of not easily approachable persons (from hidden and encapsulated communities) who were to provide answers to questions that are not easy to talk about.

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The Courts, Prosecution and Investigation in the EU Member States and Accession Countries

Съдът, прокуратурата и разследващите органи в държавите-членки на Европейския съюз и страните-кандидатки

Author(s): Author Not Specified / Language(s): Bulgarian

The judicial reform in Bulgaria still remains a priority in the process of EU accession. The reorganization of the investigation and the improvement of the efficiency and accountability of the prosecution continue to remain disputable issues. The book The Courts,Prosecution and Investigation in the EU Member States and Accession Countries reviews the organization and principles of activity of the courts, prosecution and investigation in the EU member states, including the new ones, and the accession countries. The edition is aimed at supporting the process of Bulgaria's EU accession and contributing to the strenghtening of the judiciary, especially regarding the organization and place of the prosecution and investigation in compliance with the good practices, applied in the EU member states and the other accession countries.

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Taming the Arsenal - Small Arms and Light Weapons in Bulgaria

Taming the Arsenal - Small Arms and Light Weapons in Bulgaria

Author(s): Simon Rynn,Philip Gounev,Thomas Jackson / Language(s): English

The report summarizes the findings of a research conducted on questions relating to small arms and light weapons in Bulgaria from July to November 2004 by the CSD, and London-based Saferworld. It sets out the findings of a comprehensive assessment of: 1) the distribution of SALW in Bulgaria; 2) the impacts of SALW on individuals, communities and the state; 3) public perceptions of SALW and security; and 4) the capacity of the state to control the proliferation and misuse of SALW.

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Crime Trends in Bulgaria: Police Statistics and Victimization Surveys

Crime Trends in Bulgaria: Police Statistics and Victimization Surveys

Author(s): Tihomir Bezlov,Philip Gounev,Alexander Stoyanov,Maria Yordanova / Language(s): English

The report uses a crime victimization survey as an alternative analytical tool to make an independent assessment of the crime situation in Bulgaria for the period 2001–2004. The crime victimization survey polls people’s experiences with crime. Unlike official government crime statistics, the regular crime victimization surveys help the police and government authorities, as well as the public to understand: • whether the official police crime data reflect the real crime rate and crime trends; • the volume of the unreported crime; • the reasons victims do not report crimes to the police; • whether the police avoids registering reported crimes; • the profile of the social groups that are most at risk of falling victims to crime.

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Corruption in 100 Answers

Корупцията в 100 отговора

Author(s): Krasimir Dobrev,Emil Tsenkov,Georgi Boyadzhiev,Liliana Strakova / Language(s): Bulgarian

The manual is dedicated to the most frequently asked questions about corruption and aims at supporting anticorruption education. Despite the fact that many of the definitions in the manual are debatable and subject to opposing opinions, the publication unites the predominant viewpoints of the experts, the Bulgarian legislature, the current European standards and the essence of the domestic and international publications on this topic. The hundred answers to those questions are classified in five sections: Definitions, Laws and corruption, Corruption in the public life, Corruption in Bulgaria, Counteracting corruption. The manual could be used as a resource material for trainings and lectures on anticorruption topics in the secondary schools and universities and will aide the teaching of elective courses on anticorruption introduced by the Ministry of Education and Science in the fall of 2004 in the Bulgarian secondary schools. The manual could be also useful for trainings and seminars for civil servants working at public institutions, which try to implement ethical codices of conduct and to improve transparency in public services provision to citizens.

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Corporate Governance in Development: Bulgaria 2002-2004

Корпоративно управление в развитие: България 2002-2004 г.

Author(s): Author Not Specified / Language(s): Bulgarian

The principles of the good corporate governance are not well-known in Bulgaria, probably because of the novelty of the topic, the specific characteristics of the Bulgarian shareholders and the companies, which became public in an administrative way through the mass privatization, as well as the underdevelopment of the capital market and the insignificant stock market participation of the public companies. However, the authors of the publication consider it would be wrong for the problems of corporate governance to be ignored because of the facts mentioned above. Without sound corporate governance the capital market will languish, the growth of new firms will remain difficult and many investment projects will not find financing. The publication “Corporate Governance in Development” reviews most of the latest major events, practices and problems, related to corporate control in Bulgaria during the period 2002 - 2004. The authors pinpoint the achievements and omissions in the legislative framework, the characteristics of the Bulgarian shareholders and corporate organization, as well as the relations between the members of the board of a company and the company itself, in order to show the necessity of social and responsible corporate governance.

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