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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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Vulnerable Groups of Inmates. Country report - Belgium

Author(s): Nicola Giovannini,Malena Zingoni / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

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Vulnerable Groups of Inmates. Country report - Bulgaria

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

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated by the Center for the Study of Democracy.

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Vulnerable Groups of Inmates. Country report - Germany

Author(s): Martin von Borstel,Sven-Uwe Burkhardt,Christine M. Graebsch / Language(s): English

The country reports on vulnerable groups of inmates consider the situation of selected groups of prisoners qualified by UN as vulnerable due to their special position in the prisons of Belgium, Bulgaria, Germany, Lithuania and Spain. Each paper researches the availability of legal provisions in the respective country which possibly neutralise these groups’ vulnerabilities as well as practices which authorities and NGOs implement towards these groups. The reports are a part of the Re-socialization of offenders in the EU: enhancing the role of the civil society (RE-SOC) initiative, coordinated 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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Съдебната реформа в България: Възможности за развитие на модерна система за регистрация

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

The brochure was published for the workshop Reforming Judiciary in Bulgaria: Towards the Introduction of Modern Registration System held in September 2002. It contains the full text of the report on the opportunities for developing Central Register of Legal Entities and Electronic Registries Center in Bulgaria, developed by the CSD Task Force, presentation of the experience of Norway and other European countries as well as information on the operation of the European Business Register.

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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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Changes and Amendements to the Privatization Law Adopted by the National Assembly in June 1994

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

Bulgaria adopted its Privatization Law in 1992 - later than the other Central and Eastern European countries. (Actually, under the provisions of other Bulgarian governmental regulations, some privatization started before the adoption of the Law; however, most enterprises became eligible for privatization beginning in mid - 1992.) The Privatization Law favors capital privatization, i.e. sale, rather than free distribution of state property. This approach was accepted because of the belief that ownership should be transferred to persons with proper management skills and the ability to provide fresh investment.

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Drug Use in Bulgaria. National representative survey, December, 2002 – January, 2003

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

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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E-Tools for Criminal Case Management within Selected EU Member States

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

In recent years, public authorities have begun to adopt several statutory reforms to incorporate ICT into everyday tasks of judicial systems’ actors. In the European sphere, the concept of e-justice has been mainly developed in justice administration. This publication provides comparative analysis of current practices of justice recordkeeping and the electronic tools for measuring the judicial system performance in Finland, Belgium, Greece, Italy, Spain, Germany, and England and Wales as well as an overview of the introduction of ICT in the judiciaries of Bulgaria and Poland.

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Национално изследване за престъпността 2008 година – резултати и тенденции

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

In February 2008, the Vitosha Research study on victims of crime was completed. Vitosha Research has conducted such research annually since 2005. The aim of the study is to track downward trends in individual offenses (burglary, robbery, assaults, threats, etc.) as well as the extent to which the victims are willing to report the offenses committed against them. Another goal of the study was to trace victims' attitudes towards the police as a whole, their propensity to cooperate with law enforcement, and their general anxiety about the danger of crime. The study included special blocks devoted to two major societal problems - drug use and corruption among civil servants.

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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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Италианският опит в противодействието на изнудването и рекета

Author(s): Elena Sciandra,Antonio Iafano / Language(s): Bulgarian

Extortion racketeering is a crime which spans all sections of society, poses threats to the well-being of local communities and impairs the growth and development of business. No country is immune to it, although it varies across time, space and economic context. Extortion can be perpetrated by single offenders, or it can be part of more complex criminal schemes. In this sense, the case of Italy is typical because Italian mafias systematically resort to extortion racketeering.

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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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ПОДОБРЯВАНЕ НА ЗАЩИТАТА НА ПРАВАТА НА ПОСТРАДАЛИТЕ ОТ ПРЕСТЪПЛЕНИЯ: ДОСТЪП ДО ПРАВНА ПОМОЩ. Изследване на правната рамка и добрите практики. НАЦИОНАЛЕН ДОКЛАД – БЪЛГАРИЯ, декември 2013

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

The report explores whether the victims of crime receive sufficient information about their legal situation, who is entitled to legal aid and what its scope and extent is. The document also relates the opinions of various institutional, private and NGO stakeholders, approached by CSD researchers, on the situation of victims, as regards their access to legal aid and advice. A number of recommendations are given as to the improvement of the legislative and practical framework of legal aid to victims. The national report on legal aid for victims of crime was prepared within the framework of the Improving Protection of Victim’s Rights: Access to Legal Aid initiative.

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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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