The main problem is with civil, commercial and administrative law and there we need to improve the speed and efficiency of considering cases. I have been a judge since 1979 and the problem has been there since then. People need to be relieved, cases need to be considered quickly. It should make sense, because slow justice is a denial of justice. This is how lawyer Konstantin Penchev, former constitutional judge and ombudsman of Bulgaria, answered the question: What should be changed in the judicial system in order to feel the presence of justice.
In an interview with the Bulgarian National Radio, in the program "Nedelya 150" he commented that the problem in our justice system has been there for many years.
"The problem has existed since the previous changes in the Constitution, changed 5 - 6 times. Back in 2005, I participated in this change, which was necessary. It seems to me that over the years they have been trying to personify the problems. And it is not the Prosecutor General, in the Supreme Judicial Council and the Prosecutor's Office. The problem is the judiciary, it is precisely in the court. If there were no problems there, the Prosecutor's Office, nor the other party in the process - the bar, could not inflict such defeats. For example, detaining people who then sue Bulgaria in Strasbourg. The Prosecutor's Office cannot detain for more than 72 hours. Everything happens by court decision. We cannot say, we will divide the Prosecutor's Office, we will divide the Supreme Judicial Council. Over the years, the conversation begins to fade and acquires a direction that does not solve the problems", shared Konstantin Penchev.
He recalled the case of the "personnel officer" and lobbyist Krasyo Cherniya:
"The problem was not that serious, there are always such crooks, like the Notary. But the reaction of society and the judicial system itself showed that the behind-the-scenes framing is already visible. There was a period when the judicial system itself was shocked and imposed the understanding that it can no longer be like this. Society also had to understand, "it can no longer be like this". And then a purification could be done. The wave passed, the restoration came and now the situation is even worse."
Konstantin Penchev pointed out that one of the problems in the judicial system is the appointments of incompetent people in the system, "because they reproduce, reproduce their own kind and it turns out like a tumor, metastases in the system. We must fight these metastases".
He pointed out that the parliamentary quota of the National Assembly in the Supreme Judicial Council belongs to civil society in the system. And worse than political influence is corporate influence.
"The solution is legislative changes and gradual cleansing of the system. In order for there to be corrupt magistrates, someone gave them, so they are known. Everyone knows in every district town who to turn to if a businessman has a need. And the services know nothing. I said this in an interview in 2004," said Konstantin Penchev.
He pointed out that only the NA procedure for electing constitutional judges is transparent, because only 1/3 of the Constitutional Judges are publicly discussed in parliament and the candidates are heard.
Penchev said that no talks have been held with him about returning the post of Ombudsman of Bulgaria, and with "the presence of the house book, they will hardly turn to me".