Series:Center for the Study of Democracy - CSD Policy Briefs

CSD Policy Brief No. 26: Организирана престъпност и корупция: национални характеристики и политики в страните членки на ЕС

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

The European Commission (EC) contracted the Center for the Study of Democracy (CSD) to analyse the links between organised crime and corruption. The main objectives of the study were to identify: • causes and factors that engender corruption by organised crime (including white-collar criminals); • the scope and the impact of that corruption on society and institutions; • organised crime’s main corruption schemes, the areas or risks they create, and the related differences amongst European Union (EU) Member States (MS); • best practices in prevention and countering corruption linked to organized crime; framework for a future assessment of trends in the link between organized crime and corruption, as well as corresponding counter measures.

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CSD Policy Brief No. 27: Developing an EU Competence in Measuring Corruption

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

MAIN POINTS 􀂾 The anti‐corruption reporting mechanism that the European Commission is intending to introduce should be complemented by regular measurement of the incidence of corruption. Well tested methodologies already exist. 􀂾 Having its own facility for measuring corruption would allow the EU to: * be credible in its assessments, especially of candidate countries; * be capable of making relevant recommendations * carry out corruption risk assessments * broaden its policy options against corruption (currently focused on law enforcement). 􀂾 The Bulgarian experience in measuring corruption would be particularly relevant in the development of such a facility. The Corruption Monitoring System, implemented by the CSD, generates data on the incidence of corrupt transactions and assesses corruption risk in the various public and corporate sectors.

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CSD Policy Brief No. 28: The Hidden Economy in Bulgaria after the Economic Crisis

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

MAIN POINTS 􀂾 The hidden economy has grown among businesses, but declined among the population. The social cost of the economic crisis is a declining employment among the groups with the lowest qualifications. * There is a rise in cases involving tax evasion, avoidance of customs, fees, and excise duties, as well as VAT fraud. As businesses suffer through the recession, they become more likely to not declare part of their revenue and economic activities. * There is a slight decrease in the incidence of undeclared payments ‐ in 2010, 11.6 % of the population reported having received a remuneration higher than the one stated in the contract with their primary employer. 􀂾 Governmental measures to reduce the hidden economy do not seem to have produced the desired results. 􀂾 The general economic situation and development are more important for the dynamics of the hidden economy than government control measures.

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CSD Policy Brief No. 28: Скритата икономика в България след икономическата криза

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

Thе policy brief presents the dynamics and the components of the Hidden Economy Index 2010. It also examines the recent trends in the Bulgarian economic development and expected effects on the informal sector. The dynamics of the hidden economy is an important indicator of the state of a country’s institutions as well as of its competitive potential. The hidden economy has a serious impact on private sector activities, the productivity and competitiveness of the workforce, on economic development and growth, as well as the social security and support systems of the country. According to different estimates about a third of the world’s GDP is within the “shadow turnover”. It is argued that the current financial and economic crisis will result in an increase in the hidden economy in most European countries. The recent debt crisis in Greece has exposed drastically the need to better account for and to grasp the implications of the existence on large hidden economy on economic performance. This is even more pressing in the light of achieving Europe 2020 results and calculating each country’s contribution to the European Stability Mechanism and the Euro Plus Pact.

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CSD Policy Brief No. 29: Public Trust in the Criminal Justice System – An Instrument for Penal Policy Assessment

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

MAIN CONCLUSIONS: ››› Of all the EU member states, Bulgaria is the country whose citizens are the least satisfied with the performance of the main government institutions. ››› Trust in the main institutions concerned with criminal justice in Bulgaria – the police and courts, is low and has remained practically unchanged over the last decade. At the end of 2010, a positive evaluation of police performance was given by less than half of the country’s adult population and barely one in five gave a favorable opinion of the courts. ››› The low public trust in the courts and police can also be accounted for by the high level of corruption in these institutions. ››› The low trust in the courts and police is conducive to public attitudes of insecurity. Society begins to perceive crime as an inherent part of reality rather than a problem that can actually be addressed. ››› A state’s penal policy can only produce results if sufficient attention is paid to trust, legitimacy, and security. It is therefore recommended to adopt a system of indicators for the assessment of public trust in criminal justice in Bulgaria. ››› These indicators are an instrument for improved formulation of the problems faced by criminal justice institutions and for more effective monitoring of changes in public attitudes. This would make it possible to focus the attention on strategic issues and long-term policies in the area of security and justice not only on the national, but also on the European level. In order to ensure comparability of the impact assessment of various implemented policies, it is recommended to adopt uniform indicators for measuring trust in criminal justice in the European Union and the member states, which should take place within the timeframe of the Stockholm Programme (2010-2014).

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CSD Policy Brief No. 29: Общественото доверие в наказателното правосъдието - инструмент за оценка на наказателната политика

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

The policy brief presents the results of a survey of the public trust in the police and the courts in Bulgaria, the public perceptions of the level of corruption in these institutions and the fear of crime in the Bulgarian society. Of all the EU member states, Bulgaria is the country whose citizens are the least satisfied with the performance of the main government institutions. Trust in the main institutions concerned with criminal justice – the police and courts, is low and has remained practically unchanged over the last decade. At the end of 2010, a positive evaluation of police performance was given by less than half of the country’s adult population and barely one in five gave a favorable opinion of the courts. The low public trust in the courts and police can also be accounted for by the high level of corruption in these institutions. It is also conducive to public attitudes of insecurity and the society begins to perceive crime as an inherent part of reality rather than a problem that can actually be addressed. A state’s penal policy can only produce results if sufficient attention is paid to trust, legitimacy, and security. It is therefore recommended to adopt a system of indicators for the assessment of public trust in criminal justice.

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CSD Policy Brief No. 30: Practices and Forms of Cooperation between Customs and Border Guards in the European Union

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

KEY FINDINGS ››› In Member States there are various forms of cooperation between customs and border guards: Strategic planning, communication and exchange of information, coordination of workflow at border crossing points (BSPs), joint risk analysis, joint criminal investigations, joint special operations and control outside BCPs („blue” and „green” borders), use of joint mobile groups, joint professional training. ››› Cooperation aims to enhance effectiveness of securing the external borders of the EU and the Customs Union, as well as efficiency that makes best use of the limited financial resources of the two institutions. ››› Cooperation challenges that customs and border guards face comprise legal and operational obstacles, different institutional cultures, and political pressure over the management bodies of the two institutions. ››› Bulgaria falls into a group of Member States where the level of cooperation between customs and border guards is most limited and often characterized by mistrust and competition. ››› The Government of Bulgaria, the Customs Agency and the Border Police should adopt best cooperation practices in order to increase the security of the external borders of the European Union.

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CSD Policy Brief No. 30: Практики и модели на сътрудничество между митници и гранична полиция в Европейския съюз

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

The economic crisis and the increased threats from terrorism, organised crime and illegal migration have brought to light the issue of efficient and effective management of the external borders of the European Union. For Bulgaria it has become even more important with regard to its upcoming accession to the Schengen area.

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CSD Policy Brief No. 31: Antimafia: The Italian Experience in Fighting Organised Crime

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

KEY POINTS The Italian approach to countering organized crime encompasses a number of complementing measures, which are tailored to the specific threats posed by the mafia. ››› Specialised legislation for facilitating and accelerating of pre-trial and judicial proceedings against mafia leaders and members ››› Harsher penalties and special penitentiary regimes against high level members of organised crime groups, which pose a serious threat to society. ››› Preventive confiscation allowing for expropriating mafia assets in favour of the society and the state. ››› Holistic antimafia policies have been pursued in the infiltrated by the organised crime municipalities and provinces. These policies include dissolving of the mafia controlled local authorities and implementing programs for improving security and economic development in Southern Italy.

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CSD Policy Brief No. 31: Антимафия: Опитът на Италия в противодействието на организираната престъпност

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

In recent decades the Italian authorities implemented a number of measures and policies as a direct response to the threat of organized crime. These new measures were intended to expand the scope and the number of law enforcement and judicial instruments and were an attempt to complement the conventional approaches, which were no longer effective in light of the persisting mafia influence against public institutions. This is why the Italian experience is specifically valuable for countries like Bulgaria, which are vulnerable to corruption and organized crime.

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CSD Policy Brief No. 32: A Reinstating the Duty‐Free Trade at Bulgarian Land Borders: potential Setback in the Fight against Organized Crime and Corruption

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

KEY POINTS ››› In January 2012, a proposal to amend the Duty Free Trade Act was submitted to the Parliament by an independent MP (Emil Vasilev, formerly of the marginal opposition party Order, Law and Justice). The sole purpose of the proposed amendment is to allow for the reopening of the duty‐free trade outlets at Bulgaria’s land borders with non‐EU countries in the exact same format with the exact same operators as at the time of their closure three years ago; ››› The proposal is a major threat to border security, tax revenues and might undermine the stability of the state budget; ››› The reopening of the duty‐free shops would reverse the progress made in the fight against corruption, organized crime and excise goods smuggling and threatens to re‐kindle political corruption and clientelism.

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CSD Policy Brief No. 32: Възстановяване на безмитната търговия по сухопътните граници: крачка назад в противодействието на организираната престъпност и корупцията

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

Since the early 1990s the duty-free shops along Bulgaria’s land-border crossings were used as a channel for illegal import of excise goods (cigarettes, alcohol and petrol). With the increase of excise and VAT taxes in the second-half of the 1990s, the risk of alcohol and cigarettes smuggling increased rapidly. The duty-free shops gradually evolved into one of the main channels for the smuggling of cigarettes, alcohol, and fuel. At that period, duty free operators existed without a legal regulation but only with a licensing permit from the Minister of Finance. The smuggling was tacitly tolerated from the highest political level.

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CSD Policy Brief No. 33: Management and Disposal of Confiscated Criminal Assets

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

KEY POINTS ››› The management and disposal of confiscated assets are important aspects of the overall process of confiscation, but they still remain marginal to the public debate in Bulgaria. ››› The existing legal and procedural gaps impede the effective management of confiscated property, frequently causing its plundering or demolishing. ››› The sale of confiscated real estate is further complicated by problems with mortgages and executive charges, incomplete property documentation, reputation of the former owner, and unfavourable market conditions. ››› The Bulgarian legislation concerning the allocation of proceeds from the sale of confiscated property is not in compliance with the relevant ratified UN conventions, which recommend using these revenues for compensation of the victims of crime. ››› The legal possibilities provided by Bulgarian law for re‐use of confiscated property for socially beneficial purposes are seldom applied and are not sufficiently publicised among the potential beneficiaries. ››› Among the important legislative gaps is the lack of a specific procedure for the transfer of confiscated real estate. The introduction of such an instrument could facilitate the utilization of these assets for the public benefit.

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CSD Policy Brief No. 33: Управление и разпореждане с отнети имущества, придобити от престъпна дейност

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

Confiscation of proceeds from illegal activities is a widely applied mechanism in combating organized crime. The introduction and application of this mechanism is defined in several international and European acts, and is motivated by the need to restore social justice. Both the UN Convention against Transnational Organized Crime and the UN Convention against Corruption address the disposal of confiscated assets and recommend its use primarily for compensating the victims of crime. A number of European countries have implemented respective measures and mechanisms like: distribution schemes for compensation of victims of crime, financing of programs for fight against drug use, social re-use of confiscated property.

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CSD Policy Brief No. 34: Българската Икономика: Конкурентоспособност 2012

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

KEY FINDINGS Yearbook of IMD once again recommended to implement relevant and adequate measures to ››› increase in employment, with a focus on long-term unemployed and youth unemployment; ››› tackle corruption and avoidingpaying taxes; ››› cutting red tape and encouraging quality public services including the construction of electronic government; ››› promote investment activity; ››› introduction of measures to fund R & D; ››› diversification of gas supply, improve energy networks and energy efficiency, encouraging rene-wable energy sources; ››› improve the qualification of managers, accounting and auditing practices

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CSD Policy Brief No. 35: Corruption and anti-Corruption in Bulgaria (2011 – 2012)

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

KEY POINTS ››› Following a period of improvement (2009 – 2010), administrative corruption experienced by citizens in Bulgaria is once again on the rise in 2011 – 2012, although still below the levels observed under the previous government (2005 – 2009). The average monthly number of corruption transactions in 2011 was approximately 150,000. ››› Corruption pressure in Bulgaria stems from the very structure of the public administration, and the lack of customer­oriented culture and approach in delivering public services to citizens and businesses. A sustained improvement of the corruption situation is possible only through measures that would systematically change this environment. ››› The scale of corruption in Bulgaria is such that, without a radical administrative reform, even a substantial increase in the capacity and efficiency of law enforcement would not provide sustained decrease of corruption, neither within law enforcement itself nor in the society at large. ››› Administrative corruption experienced by businesses has declined in 2011 – 2012, reaching the lowest levels on record. Although this decline has not been deep enough to produce a marked improvement in the past 3 years, the positive fundamental changes that took place in the business environment and reduced corruption pressure after Bulgaria’s EU accession seem to have taken root.

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CSD Policy Brief No. 35: Корупция и антикорупция в България (2011-2012)

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

The data on the dynamics of corruption used in the current report are the result of the Corruption Monitoring System (CMS), designed and developed by the Center for the Study of Democracy (CSD) and Vitosha Research. CMS combines significant research and powerful anticorruption advocacy potential. The purpose of CMS is to measure the actual level and trends in the spread of corruption in the country, as well as to identify related public attitudes and expectations. After an improvement in 2010, the level of administrative corruption among the population increased in 2011 – 2012, still placing the country in the group of EU Member States experiencing high levels of corruption. The average monthly number of corruption transactions in 2011 was approximately 150,000. In 2011, a quarter of all citizens who dealt with the state administration had to resort to some kind of irregular payment to receive administrative services. This indicates that corruption is a systemic problem of the Bulgarian society.

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CSD Policy Brief No. 36: Educational Integration of Refugee and Asylum-Seeking Children: the Situation in Bulgaria and the Experience of other European Countries

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

KEY POINTS According to the Migrant Integration Policy Index (MIPEX) for 2011, Bulgaria reaches an average of 15 per cent of the internationally recognised standards in relation to policies on access to education, assessment of knowledge upon arrival and assistance during language learning. The educational integration of RASC in Bulgaria is organised in two stages: preparation for school enrolment and integration into the public school system. ››› The main focus is on the preparatory stage which ensures school enrolment. The second stage, during which the true educational integration of RASC takes place, develops in the public schools and is not supported by special programmes and additional resources. ››› The studying of Bulgarian language is viewed as the main (and the only) element of the educational integration of RASC. Other particularly important aspects of educational integration like preparatory courses in the main subjects, participation of parents in the education process, providing school materials and appliances or mother tongue training currently remain unconsidered by the responsible institutions. There is no systematic observation and data collection with regard to RASC presence and performance in the public school system of Bulgaria.

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CSD Policy Brief No. 36: Образователната интеграция на деца бежанци и търсещи убежище: ситуацията в България и опитът на други европейски страни

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

This analysis represents the results of a specialised study of the educational integration of refugee and asylum-seeking children (RASC) in the Member States of the European Union, conducted in 2011 by the Center for the Study of Democracy within the framework on the INTEGRACE project. With regard to Bulgaria, the main approaches, mechanisms and deficiencies in the system for educational integration of RASC were presented and recommendations for its improvement were given.

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CSD Policy Brief No. 37: The hidden economy in Bulgaria: 2011 – 2012

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

KEY POINTS The hidden economy in Bulgaria has decreased in 2011 – 2012 among both businesses and the population. Yet, the registered gains are modest. Deep structural labor market problems and long-term business environment issues continue to constitute favorable conditions for the development of hidden economic activities in Bulgaria. The Hidden Economy Index results show: ››› decrease in the incidence of undeclared employment due to rising unemployment and lack of re-entry of labor force; the decrease has also come partially from the increase of employment in the informal (self-subsistence) economy; ››› decline in tax evasion as a positive result of the government’s focus on administrative and control measures in the tax compliance area. In the short-run, government measures countering the hidden economy seem to be more productive in the tax evasion area while the economic environment positively affects the undeclared work situation. Publicized frequent statistical errors recently raised concerns about the quality of the supplied statistical data for decision-making. While implementation of control measures has achieved some success, very little has been done for the introduction of positive reforms to reduce incentives for the development of the hidden economy. Implementation of structural (e.g. changing the regressive character of social security and tax system) and administrative (e.g. promoting better service delivery as opposed to more controls) reforms is lagging behind

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