Bulgaria: ICJ observer at Todorova appeal hearing

Bulgaria: ICJ observer at Todorova appeal hearing

A trial observer from the ICJ Centre for the Independence of Judges and Lawyers will observe today the hearing of an appeal of disciplinary sanctions imposed on Bulgarian judge Miroslava Todorova.

The proceedings against Judge Todorova related to alleged faults associated with delays in delivering judgment in several cases. The alleged faults occured some nine years ago.

In an initial ruling in July 2012, the Supreme Judicial Council (SJC)  sought to dismiss Judge Todorova from judicial service. Following judicial reviews and appeals, this was reduced at first to demotion for a period of two years, and then subsequently was reduced further to demotion for a period of one year. Both Judge Todorova and the disciplinary authority are challenging the one-year sanction in today’s hearing at the Supreme Administrative Council (SAC).

Whereas she had previously served on the Sofia City Court, during this two-year period she is permitted to work only in the lower level Sofia District Court. According to Bulgarian law, demotion is the second-most serious disciplinary sanction for a judge, one step less serious than dismissal.

ICJ has previously expressed concerns that the proceedings and sanctions against Judge Todorova may not be compatible with international standards for independence of the judiciary.

The proceedings today will also be attended by observers from Judges for Judges and MEDEL.

 

Bulgaria: ICJ and Rechters voor Rechters observe appeal against dismissal of a judge

Bulgaria: ICJ and Rechters voor Rechters observe appeal against dismissal of a judge

On 16 May, the ICJ and Rechters voor Rechters (Judges for Judges) observed an appeal hearing at the Supreme Administrative Court (SAC) in a case against the dismissal of Judge Miroslava Todorova.

Judge Todorova, who had been serving on the Sofia City Court, is  known for critical commentary  on the problems in the judiciary in Bulgaria. In this hearing, the Prosecutor’s Office supported Judge Todorova’s appeal against her dismissal, but the Court has not yet issued its decision.

The ICJ previously raised concerns over Judge Todorova’s dismissal from her position of judge and as Chair of the Bulgarian Judges Association, in July 2012. The ICJ was particularly concerned at the disproportionate sanctions for delay of several reasoned cases, which is a problematic, but usual, practice among judges in Bulgaria.

The ICJ also expressed concern at the fact that the proceedings took place some six years after the limitation period ended. Further questions arose as to the composition of the Supreme Judicial Council (SJC), the body which both initiated the proceedings and conducted the hearing, and its independence in this case.

The trial observation mission consisted of Professor Doctor Günter Witzsch (Germany), who observed the trial on behalf of the ICJ, and Judge Janneke Bockwinkel (the Netherlands, on behalf of Judges for Judges). The ICJ and Judges for Judges will continue to follow the case of the dismissal of Judge Miroslava Todorova and will issue a detailed report following the issuing of the decision by the SAC.

 

For further information

Róisín Pillay, Director of the Europe Programme, roisin.pillay(a)icj.org

Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org

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