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

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

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.

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

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

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.

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Ръководство за наблюдение на принудително връщане

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

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.

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Аналитичен доклад: Наблюдение на принудителното връщане в България

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

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 fight against illegal migration and should be subject to the principles of proportionality and not exceeding the reasonable force. In this regard, there is agreement that the monitoring 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 developed Analytical report: Monitoring of the forced return in Bulgaria is to present an analysis on the existing legal and institutional framework in the area of forced return in Bulgaria and to make general recommendations for the development of a national mechanism to forced return monitoring. This Analytical report 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.

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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?

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Counter-Terrorism Measures of the Republic of Bulgaria. Implementing United Nations Resolutions Against Terrorism

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

The CSD and Ministry of Foreign Affairs collected the main official documents related to the suppression of terrorism which had been adopted by the Bulgarian government and the UN Security Council. It provided a basis for discussion at the regional policy forum International Cooperation in Countering Terrorism held on June 27, 2002 in Sofia.

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CONDUCTING SOCIOLOGICAL AND SPECIALIZED SURVEYS AND ASSESSMENT RESEARCH TO EVALUATE THE RESULTS FROM THE IMPLEMENTATION OF THE NATIONAL CHILD STRATEGY (NCS)

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

The objective of surveys commissioned by State Agency for Child Protection was to register changes in the first three years of implementation of the National Child Strategy to summarize assessments of target groups and the general public on the key priorities of the National Strategy, to establish whether they meet the support and understanding by the general public and of specific groups associated with its implementation, to recognize the knowledge and progress in achieving the main objectives of the overall policy on child protection.

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EXPERT EVALUATION NETWORK DELIVERING POLICY ANALYSIS ON THE PERFORMANCE OF COHESION POLICY 2007-2013. YEAR 1 – 2011. TASK 2: COUNTRY REPORT ON ACHIEVEMENTS OF COHESION POLICY. BULGARIA.

Author(s): Daniela Mineva,Ruslan Stefanov / Language(s): English

DG Regional Policy at the European Commission published a Report on Bulgaria's progress on the Renewable Energy Sources (RES) and Energy Efficiency in Buildings and an Evaluation Report on the Achievements of the Cohesion Policy in Bulgaria. The two reports were prepared by CSD experts in the framework of the Expert Evaluation Network delivering policy analysis on the performance of the Cohesion Policy 2007 - 2013. The first report provides an overview of the available support by the EU Structural Funds and the national instruments promoting RES and energy efficiency in buildings. It also describes the legislative framework and the operation of various state institutions in this area. The report lists the remaining challenges to the management authorities, the businesses and the households which aim to utilize more efficiently the EU financial assistance and to reduce the energy poverty in the country. The second report reviews all supported areas by the Cohesion Policy in Bulgaria and in particular the assistance provided by the European Regional Development Fund (ERDF). The report is based on statistical and financial data and interviews with representatives of the Managing Authorities of Operational Programmes (OPs). The text describes the progress under the OPs and the impact of the economic crisis on the implementation of the financed projects. The report presents the main conclusions drawn from the OPs mid-term reviews and foregrounds the remaining challenges to Bulgaria.

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Телекомуникационната политика на България, юни 1995 г.

Author(s): Krastyo Mirski / Language(s): Bulgarian

Telecommunications (telecoms) are part of the global technical infrastructure. Their main purpose - to ensure the exchange of information of any kind, at any scale and in all directions, making them indispensable condition not only for economic development at national, regional and global scale, but also the emergence, implementation and strengthening of integration processes between the countries. They are the foundation of industrial, cultural and social development, trade and financial cooperation of modern science and education.

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Свободното движение на услуги в политиката на присъединяване на Република България към Европейския съюз: обща характеристика на проблема, август 1995

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

The removal of barriers to the free movement of services between the European Union and the Republic of Bulgaria and the approximation of the Bulgarian legal base to that of the European Union in the given sphere is a crucial issue of the accession policy of the Republic of Bulgaria to the European Union. This is due, on the one hand, to the importance of this free movement as part of the European acquis, to the fundamental nature of the freedom of movement of services for the completion of the European Union's internal market, and hence to the European Union itself.

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Тема “Транспорт” - Втори етап, 23 август 1995 г. ПРОЕКТ “ЕВРОПА 2000. БЪЛГАРИЯ И ЕВРОПЕЙСКИЯ СЪЮЗ”

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

In a close historical context, the basis for settling all aspects of inter-state interests in transport is and continues to be the bilateral agreements of the Republic of Bulgaria with stakeholders in the field of rail, road, air, sea and river transport. Due to the public-political interest and the need to regulate the market spaces and the conditions for mutual access to the national infrastructure networks, respectively. Water and airspace, general agreements on combined transport, on dangerous goods transport, on seaman's passports and on a number of other issues have been concluded. In compliance with the provisions of the basic documents of the International Union of Railways, the Danube Commission, the International Maritime Organization, the International Road Transport Union, the International Civil Aviation Organization, etc. our country has undertaken and fulfills its commitments as an equal A participant in the European and global transport market. The Republic of Bulgaria has entered into working relations with EU bodies in the preparation and implementation of concrete actions for the integration of the national transport system with similar European structures in both institutional and operational operational and technical aspects.

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Анализ на правната рамка на регистрацията на неправителствените организации

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

The analysis of the legal framework of non-profit legal entities shows that there is no uniform approach to the regulation of individual registers. The administrative burden of initial registration and the subsequent listing of changes is primarily on the non-profit legal entities themselves, while the office of initiation, where it is, is very limited. There are no rules or mechanisms for the exchange of information between individual registers, which often leads to a discrepancy between the information. Last but not least, the question of the need to have all these registers, especially those without specific legal significance, and whether the creation of a central register could not successfully replace the majority of them.

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Оценка за работата на съществуващите регистри на неправителствените организации в България

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

According to the legislation in force, all non-profit legal entities (NPLEs) are obliged to register in the district courts where their headquarters are located. At the same time, a large number of them, apart from the basic register at the respective district court, are also registered in other registers depending on the activity they carry out.This report, in addition to the analysis of the legal framework, gives an idea of the practical problems with the operation of the registers, the registration and the use of information from them. It provides primary information on the attitude of different entities to the operation of existing registers in which non-profit legal entities are registered.

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ЖЕРТВИТЕ НА ПРЕСТЪПНОСТТА СРЕД НАСЕЛЕНИЕТО И БИЗНЕСМЕНИТЕ В БЪЛГАРИЯ

Author(s): Boyan Stankov / Language(s): Bulgarian

In 2000 Bulgaria conducted a survey of crime victims among the population and business people on the initiative of the Turin-based UN Interregional Crime and Justice Research Institute (UNICRI), using its methods (the ICVS 2000 and ICBS 2000 questionnaires, face-to-face interviews). The survey was carried out in Sofia. Overall, 1,505 people were willing to participate out of a sample of 1,700, and 532 business people out of a sample of 550. Data collection and processing was assigned to Vitosha Research, a joint contractor of Gallup Hungary. Dr Boyan Stankov was national coordinator of the survey.

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INDEX DE SURVEILLANCE DES CONDITIONS DE DÉTENTION. Méthodologie et résultats de l’application pilote

Author(s): Dimitar Markov,Maria Doichinova / Language(s): French

International organisations, national governments and human rights NGOs exercise various types of monitoring of the penitentiary systems. In order to quantify their results, there are some generally accepted indicators (such as the number of inmates per 100.000 citizens), but in many specific areas like healthcare, employment, security and safety, such indicators have never been applied. Therefore, those monitoring efforts will substantially benefit from an instrument capable of supplying comparable and easy-to-use data on the situation in prisons. To address this need, the Center for the Study of Democracy, in cooperation with the Dortmund University of Applied Sciences and Arts, the Observatory on the Penal System and Human Rights with the University of Barcelona, the Law Institute of Lithuania and Association Droit au Droit, developed a Prison Conditions Monitoring Index (PCMI) – a system of indicators translating into comparable figures the situation in different prisons. In the end of 2014, the PCMI was piloted in several prisons in Bulgaria, Germany and Lithuania to test its operability and analyse the potential use of the results it generates. The present report elaborates on the methodology underlying the PCMI and offers a summary of the results of its pilot implementation. It is intended for a broad audience of readers including policy makers, prison staff, lawyers, social workers, academics and NGOs interested in the topic of prison monitoring.

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Институционални индикатори за управление на делата в наказателното правосъдие

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

The present white paper summarises the main findings of the Justice Sector Institutional Indicators for Criminal Case Management study. It puts forward the main problems which EU countries face in measuring justice system performance – there is no single assessment model and many countries are still in the experimental phase. Besides the legal accountability mechanisms courts tend to be a subject of managerial accountability. Despite the different approaches followed by the studied EU member states and the lack of a leading assessment methodology, certain indicators as caseload, duration of the procedure, available resources per number of cases can be distinguished as best practice.

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Актуализацията на бюджета 2013: прибързана, неясна и антисоциална?

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

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.

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PEINES AMBULATOIRES: UNE ALTERNATIVE A L’EMPRISONNEMENT DANS L’UNION EUROPEENNE?

Author(s): Christine M. Graebsch,Sven-Uwe Burkhardt / Language(s): French

The issue of imprisonment vs. alternative penalties has been debated in various European countries during the last decades, and ambulant sanctions have been heavily on the rise. Community sentences and other alternatives to imprisonment are regarded as modern instruments for the rehabilitation of offenders. The objective of the present study is to examine the scope of application of penalties without deprivation of liberty as compared to imprisonment as well as to identify promising practices of alternative criminal sanctioning in Belgium, Bulgaria, Germany, Spain and Lithuania. As this study covers several European countries, the comparative perspective suggests itself nearly as a matter of course. In this connection, it seems reasonable to describe the existing ambulant sanctions of the different member states involved, taking into account their legal arrangement and their relation within the system of penal sanctions including their relation to the deprivation of liberty. It in addition appears sensible to describe and compare these ambulant sanctions with reference to their contribution to the re-socialisation or rehabilitation of those subjected to them as well as with special attention to the involvement of civil society in their execution. In a further step, promising practices in connection with ambulant sanctions could be highlighted which may be recommended for imitation by other member states. Such an approach proves to be impossible for multiple reasons, though, and it would be inadequate just to make such an attempt. There are exemplary references to ambulant sanctions in Belgium, Bulgaria, Germany, Lithuania and Spain. This is due to the fact that scientists from these countries have taken part in the realisation of this project but not necessarily because of specific outstanding features of their sanction systems in comparison with other member states.

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Процесът Коалиция 2000 през 1999 г.

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

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.

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Употребата на наркотиците в България. Национално представително изследване, декември 2002 г. - януари 2003 г.

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

On March 14, 2003 the Center for the Study of Democracy hosted a round table on Public-Private Partnerships in Preventing Drug Abuse and Trafficking. Experts from government agencies and non-governmental organizations were invited to the discussion. Experts from the Working Group on the Abuse and Trafficking of Drugs at the Center for the Study of Democracy presented the results of the first national representative survey on drugs consumption in Bulgaria. Experts from the Sofia Directorate of Internal Affairs, the National Service for Combating Organized Crime, Customs Agency, National Council on Narcotics, Bulgarian Youth Red Cross and Free and Democratic Bulgaria Foundation took part in the discussion.

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