Consulted by the Bulgarian National Assembly, the Venice Commission last Friday adopted an “urgent interim opinion” on the draft new Constitution.
The Council of Europe’s constitutional law experts regret the absence of a public debate and call for a series of “clarifications” as regards the reference to an obligation on the state to “promote the birth rate” (which could be used to justify discrimination against minorities or women) and as regards restrictions on the right to vote for persons sentenced to prison.
With regard to the judiciary and the Public Prosecutor’s Office, the Venice Commission welcomes the abolition of the full Supreme Judicial Council and the creation of two independent Councils: one for judges and one for prosecutors and investigators.
However, it stressed that there were still issues to be addressed regarding the appointment of judges and the possibility of criminal liability of the Prosecutor General. According to the Venice Commission, the Constitution should allow, in case of a potential conflict of interest, the suspension of the Prosecutor General under judicial investigation or prosecution and the creation of an independent prosecution mechanism. (Original version in French by Véronique Leblanc)