Summary

As Bulgaria continues to await a decision from the European Union as to whether or not it can expect to join the EU in 2007, there are still many questions regarding the reform of its judiciary system. One particularly egregious, and still unresolved, case involving the Bulgarian Orthodox Church has highlighted problems within the judiciary, particularly the application of unilateral decisions by state institutions and a lack of legal recourse or appeal within Bulgaria for parties that fall victim to those decisions.

On July 21st, 2004, the Bulgarian State forcibly intervened in an internal Orthodox Church dispute, violently expelling more than 160 Orthodox priests and layworkers and confiscating churches and monasteries across the country.

The expulsions and confiscations took place after the office of the Prosecutor General took the side of one faction of the Bulgarian Orthodox Church, and ordered the use of state police power to effectively act as a personal militia of that faction.

Under Bulgarian law it is not possible to appeal decisions of the Prosecutor General. The Rule of Law Institute, a Bulgarian legal and human rights organization, has registered 75 such cases with the European Court of Human Rights in Strasbourg. The Bulgarian government has presented its statement to the ECHR and on July 13th, 2005, the Rule of Law Institute presented its rebuttal. The Court is currently reviewing the case.

While the EU Commission has stated that it is in dialogue with members of civil society in Bulgaria, representatives of the Alternate Synod have stated that they have not ever been contacted by anyone from the European Union institutions.

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