Series:CSD Papers on Politics

Working Paper: A Revanchist Russia versus an Uncertain West: An Appreciation of the Situation since the 2014 Ukrainian Crisis

Working Paper: A Revanchist Russia versus an Uncertain West: An Appreciation of the Situation since the 2014 Ukrainian Crisis

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

Keywords: CSD Policy Briefs; Center for the Study of Democracy; Working Paper; Russia; Ukraine;

An aggressive Russia, a divided and unsettled Europe, and a distracted and unpredictable United States have created an unprecedented and perilous confluence of events that could undermine the European security architecture and the liberal-democratic order. Ultimately, it is conceivable that the Western allies and Russia could achieve through dialogue some kind of constructive modus vivendi whereby Russia becomes a less paranoid power that respects the independence of its former empire. A long shot to begin with, such a rapprochement is less achievable if Europe and the United States appear disorganized and vulnerable.

Governance of the Bulgarian Public Procurement Sector: Corruption Risks and Criminal Prosecution

Управление на обществените поръчки в България: корупционни рискове и наказателно преследване

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

Keywords: CSD; CSD Policy Briefs; Center for the Study of Democracy; Working Paper; Bulgaria; Procurement Sector: Corruption; Risks; Criminal Prosecution

Despite the legislative and institutional progress, especially in terms of increased transparency and access to data, the public procurement (PP) sector in Bulgaria continues to be associated with high levels of corruption risk. The number of irregularities uncovered by the control bodies remains considerable. At the same time there is a lack of effective investigation, while criminal cases, involving PP, are still very limited and predominantly focused on the lower levels of governance.

Improving Governance in Bulgaria: Evaluating the Impact of EU Conditionality through Policy and Financial Assistance

Improving Governance in Bulgaria: Evaluating the Impact of EU Conditionality through Policy and Financial Assistance

Author(s): Ruslan Stefanov,Stefan Karaboev / Language(s): English

Keywords: CSD; Center for the Study of Democracy; EU funds conditionality; EU financial assistance; Cooperation and Verification Mechanism; anti-corruption; good governance

The paper examines the impact on Bulgaria’s anti-corruption performance of the interrelation between EU policy conditionality and EU financial assistance, with a focus on post-accession developments. Although the EU never formally linked EU assistance to progress on anti-corruption, the disbursement of funds has tended to peak around critical deadlines for accession progress, e.g. the signing of the accession treaty in 2005, and the expiration of the Cooperation and Verification Mechanism’s (CVM) safeguard clauses in 2010. Both years also marked the lowest levels of corruption experienced by Bulgaria’s citizens. This suggests that the combined effect of EU anticorruption conditionality and development assistance on governance in Bulgaria was positive - but temporary. Moreover, the 2015 CVM monitoring report suggests that, eight years after EU accession, Bulgaria still faces three key governance challenges – combatting high-level corruption, building an institutional approach to anti-corruption, and judicial independence. In 2014, public experience of corruption reached its highest level since the first comparable research in 1998. The lack of anti-corruption conditionality or credible enforcement mechanisms since 2010 has seen Bulgaria backslide in the fight against corruption. The current EU approach and development assistance for anticorruption reforms have been insufficient to put Bulgaria on a virtuous circle path to open access order (or a good governance model), and has not been able to compensate for the lack of domestic political commitment to anticorruption reform. The paper’s findings suggest that the EU and Bulgarian anti-corruption stakeholders need to find new strategies for bringing about lasting governance change. This analysis is part of Work Package 8 of the EU FP7 ANTICORRP Project, comprising eight case study reports looking at the impact of EU conditionality and EU aid in countries in new EU member states, the European Neighbourhood and beyond. Other than Bulgaria, the case studies review Bosnia and Herzegovina, Egypt, Ghana, Kosovo, Tanzania, Tunisia and Ukraine. The integrated case study report is available at the official ANTICORRP webpage.

Handbook for Monitoring of Forced Return

Ръководство за наблюдение на принудително връщане

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

Keywords: CSD; Center for the Study of Democracy; Handbook; Monitoring; Forced Return

The governance of migration flows largely depends on the development of an effective system for returning illegally staying foreigners. Forced return is seen as a "last resort" in the prevention of irregular migration and should be subject to the principles of proportionality and not exceeding reasonable force. In this regard, there is agreement that monitoring of return not only brings openness and clarity on the conditions and treatment, but represents an additional guarantee for the return of persons, including those with special protection needs. In this context, the introduction of an independent and effective monitoring mechanism is a key aspect for the development of the overall framework for forced return in accordance with Directive 2008/115/EC. The aim of the Handbook for forced return monitoring is to provide practical guidance and recommendations to independent observers and standardised report for forced return monitoring. This Handook is developed within the Annual Programme 2013 in scheme grants BG / RF (3) - 2013 "Forced return monitoring" by the Center for the Study of Democracy.

Media note: Budget Revision for 2013: inconsiderate, vague and anti-social?

Media note: Budget Revision for 2013: inconsiderate, vague and anti-social?

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

Budget revisions are usually a sign of economic instability and are therefore justified by two main reasons: a serious unexpected economic crisis and/or the introduction of vital new policies. The government’s declaration that the 2013 budget needs to be revised and the Prime minister’s explanation for this proposal in Parliament does not include convincing details related to the aforementioned reasons. The additional instability that this amendment would place on the economy, calls for careful analysis and consideration hasty of the possible scenarios in which a revision is necessary.

Media Note: Why Electricity Bills in Bulgaria Spoiled the Party

Media Note: Why Electricity Bills in Bulgaria Spoiled the Party

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

The so-called “green” premium - a market entry subsidy for renewable energy sources - was used as a convenient explanation for recent increases to the electricity bills in 2012. However, as time went by, consumers realized that a substantial part of their bills has been determined by another expense - the ”bad governance premium”, which, together with the forthcoming parliamentary elections and the increase of energy consumption during the winter, led to the ascent of social discontent and a search for new culprits for the surge in prices.

The Cooperation and Verification Mechanism Three Years Later: What Has Been Done and What Is Yet to Come

The Cooperation and Verification Mechanism Three Years Later: What Has Been Done and What Is Yet to Come

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

On 1 January 2007 Bulgaria became a member of the European Union. However, according to the European Commission, the country’s judicial system and law enforcement bodies still lacked the necessary capacity to implement and apply the measures adopted to establish the internal market and the area of freedom, security and justice. The remaining issues warranted the establishment of a mechanism for cooperation and verification of the progress of Bulgaria to address specific benchmarks in the areas of judicial reform and the fight against corruption and organised crime.

Democracy that Delivers: Unlocking the Potential of Transition

Democracy that Delivers: Unlocking the Potential of Transition

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

This publication contains the materials from an international conference, “Democracy that Delivers”, held on May 21, 2008, in Sofia. The construction of democracy has never been an easy undertaking. The constant trade-offs between openness and security, oversight and efficiency, between pluralism and the need for consensus on strategic reforms make sure that democracy is never taken for granted. Its advancement becomes all the more difficult when– in times of transition from repressive regimes – it is associated with great expectations that have to be met within short periods of time. The massive transformation from authoritarian regimes to open access societies that was prompted by the fall of communism required the unbundling of the concept of democracy. Reforms had to be sequenced, the provisions of public goods prioritized, the need for various institutions demonstrated. Post-communist transition became a giant laboratory for the engineering of democratic governance.

CSD Annual Report 2006

CSD Annual Report 2006

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

A critical year for Bulgaria’s EU membership, 2006 was also a period of intense public and political debate on the issues at the core of the agenda of the Center for the Study of Democracy (CSD) – justice and home affairs (JHA) reform.

CSD Annual Report 2007

CSD Annual Report 2007

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

The first year of Bulgaria’s EU membership, 2007 continued to be a period of intense public and political debate on the issues at the core of the agenda of the Center for the Study of Democracy (CSD) – justice and home affairs (JHA) reform. Thus, CSD’s watchdog and policy work was of utmost relevance to the initial adjustment of the country to the requirements of membership.

CSD Annual Report 2005

CSD Annual Report 2005

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

Healthcare Reforms in Bulgaria: Towards Diagnosis and Prescription

Healthcare Reforms in Bulgaria: Towards Diagnosis and Prescription

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

The paper shows the evolution of this reform path to low compliance by both customers (contributors) and service-providers (contractors with the National Health Insurance Fund), which leads to excessive regulations and control, and crowding out of the private sector. The outcome is a system that is increasingly driven by administrative controls at the expense of market incentives. Based on this analysis it identifies the relevant policy implications and opportunities for moving the stalled health reforms out of the institutional impasse.

Nato Transformation - Facing New Security Frontiers

Nato Transformation - Facing New Security Frontiers

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

The present publication summarizes the discussions at the International Security Conference “NATO Transformation – Facing New Security Frontiers” held on April 28-29, 2006 in Sofia, Bulgaria. The conference’s discussions benefited from the participation of the Bulgarian Minister of Foreign Affairs Mr. Ivailo Kalfin, Assistant Secretary General of NATO Ambassador Adam Kobieracki, Minister of Foreign Affairs of Ukraine Mr. Borys Tarasyuk, Prime Minister, PISK, Kosovo Mr. Agim Çeku, senior offcials from Southeast European and EU countries, Ukraine, USA, Japan, representatives of international organizations and aid agencies, diplomatic missions, academic institutions and non-governmental organizations.

CSD Annual Report 2004

CSD Annual Report 2004

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

The Center for the Study of Democracy seeks to pioneer difficult reforms and provide vision as to the future challenges facing Bulgaria and Southeast Europe. CSD’s strong institutional capacity has opened new avenues and areas where civil society can make a contribution to reforms. Over the years, CSD has taken the lead in advocating key reforms in areas such as the regulatory framework for non-profits, establishment of the ombudsman institution, the introduction of anti-smuggling policies and other areas.

NATO, EU and the New Risks: A Southeast Europe Perspective

NATO, EU and the New Risks: A Southeast Europe Perspective

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

The present publication summarizes the discussions at the international conference NATO, EU and the New Risks: A Southeast Europe Perspective held on October 29-30, 2004 in Sofia. The conference’s discussions benefited from the participation of NATO’s Deputy Secretary General, Ambassador Alessandro Minuto Rizzo, Bulgarian Deputy Prime Minister Plamen Panayotov, Bulgaria’s Minister of Defense, Nikolai Svinarov, senior government officialsfromSoutheastEurope(SEE)andWestEuropean countries - representatives of international organizations and aid agencies, diplomatic missions, academic institutions, and non-governmental organizations.

Bulgarian Constitutional Reform in the Context of Bulgaria's EU Accession (2003 – 2005)

Българската конституционна реформа в контекста на присъединяването на Република България към Европейския съюз (2003 – 2005)

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

The report analyzes the Bulgarian constitutional reform (the amendments and supplements to the Constitution of the Republic of Bulgaria in the period 2003 – 2005) and traces the socio-political factors, which have affected it, where external factors are identified as most crucial. The two phases of the constitutional reform are examined and the determinant role of the external requirements, related to the country’s EU accession negotiations and its overall integration process are discussed. The amending and supplementing constitutional texts dealing with the reform of the judiciary (2003) and Bulgaria’s forthcoming EU membership (2005) are considered in detail.

Migration and Internal Security. Challenges to the Immigration Policies of the EU and Bulgaria

Миграция и вътрешна сигурност. Предизвикателствата пред миграционните политики на Европейския съюз и България

Author(s): Denislava Simeonova / Language(s): Bulgarian

Traditionally, migration processes are examined in the context of the labor market, humanitarian crises or social integration. The present study reveals a new dimension of migration which is considered one of the new security risks. The first chapter of the paper defines the various forms of migration with a focus on the consequences of illegal immigration. The second part discusses immigration as a threat to the public order and societal security in the EU member states and looks into the main stages of development of an EU immigration policy. After a review of the most important political and legal documents of the EU since the 80s, the study concludes that despite the active work of both the member states and the European Commission, currently a common European policy in the field of immigration does not exist. Further, the study examines the new trends in migration to the EU and the challenges to the establishment of a European “area of security, freedom and justice”, such as the anti-terrorism measures and the need for “replacement migration” due to the demographic changes. The third chapter is dedicated to Bulgaria as a country of origin and transit for immigrants to the EU. The main conclusion is that Bulgarian citizens represent a small percentage of the total number of immigrants in the EU and do not put its integrity and social security at risk. Particular attention is paid to the achievements of Bulgaria in harmonizing its immigration legislation with the “acquis communautaire” as well as to the need of further institutional and legislative improvements. The study also touches upon the following issues: • Who are the immigrants in the European Union and do they pose a risk to the internal order and safety of the European citizens? • Is the post-enlargement “immigrant wave” realistic? • What is EU’s reaction to the immigration from third countries? • What is the Bulgarian immigration policy with regard to the future external border of the EU? • What are the “pushing” factors for the Bulgarian immigrants to the EU? • How the EU countries treat Bulgarian immigrants?

Regional Cooperation in Southeast Europe: The Bulgarian Perspective

Regional Cooperation in Southeast Europe: The Bulgarian Perspective

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

The objective of Regional Cooperation in Southeast Europe: The Bulgarian Perspective is to present an expert analytical response to the political and institutional opportunities that arose due to the institutional arrangements and mechanisms of implementing the Stability Pact for Southeastern Europe “on the ground”. The study is the result of a project supported through a grant from the German Marshall Fund of the United States. The commitment of the European Union and other international organizations outlined in the Pact provides a crucial opportunity for accelerated economic and political/social reforms in a stable regional environment and in the context of the accession process. The Pact provides the political and institutional framework of transforming the region into an integral part of the Euro-Atlantic structures. The Pact is a unique platform brining together international organizations and countries from Western Europe and the United States with the states in the region of Southeast Europe. The paper does not provide an exhaustive coverage of Stability Pact project areas - a task completed through various other mechanisms elsewhere – but rather an emphasis of the common approaches still missing in the implementation of Pact objectives, as seen from a Bulgarian perspective. The paper thus opted for highlighting an aspect that could be seen as obvious but whose acknowledgment is not supported by practical measures – the need for common solutions to regional stabilization and development initiated and worked out by the countries themselves. In preparation of the study the Center for the Study of Democracy hosted a Round Table on “Accession to the European Union and the Stability Pact: Obstacles and Opportunities for Bulgaria and the Region.” The meeting was a part of the visit of the Working Group on the Balkan Economies at the United States Council on Foreign Relations, led by Michael Froman, former Chief of Staff at the US Department of the Treasury.

The Coaltion 2000: Process in 1999

The Coalition 2000: Process in 1999

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

The Report, discussed at the Policy Forum of Coalition 2000 in December 1999, presents the major activities of Coalition 2000 during 1999: Clean Future Public Awareness Campaign; The Institution of the People's Defender the Ombudsman; International activities; Monitoring.

Local Initiatives in the Period 1999 - 2000

Local Initiatives in the Period 1999 - 2000

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

The report Local Initiatives in the Period 1999-2000, discussed at the Policy Forum of Coalition 2000 in December 1999, is dedicated to the public-private partnership on local level. The common interests of civil society and local government allow expanding the scope of the cooperation initiated in the pilot stage of the local projects. The main idea of the report is that one precondition for successful advancement in this direction is fostering a climate of dialogue and trust between the two sectors.