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1 NATIONAL Ngos NETWORK for CIVIL COURT WATCH Quarterly NATIONAL NGOs NETWORK FOR CIVIL COURT WATCH Quarterly analytical report of civil court watch of regional courts in Pleven, Levski, Cherven bryag and Gabrovo Observation period: December 2010-February 2011 Project “Justice reach to people” The project is funded by America for Bulgaria Foundation THE PROJECT IS CARRIED OUT WITH THE SUPPORT OF SUPREME JUDICIAL COUNCIL March 2011 Razgrad 1 We want to thank to: Special thanks to Team America for Bulgaria Foundation which supported the idea of the project and all the time encourage us. We thank to all participants in the civil court watch, which showed both civil activity and high professionalism in the collection of data and the shaping of the primary reports. Special thanks to all representatives of the judicial authority in four legal areas, which fully cooperated us and have provided us valuable advices for our conclusions and recommendations: Diana Petrakieva – Chairman of District Court - Gabrovo, Palmira Atanasova - Chairman of Regional Court - Levski, Daniela Dilova – Chairman of the Regional Court - Pleven, Hristo Parvanov - Chairman of Regional Court – Cherven bryag. Valuable assistance to us proved the judicial administrators and administrative secretaries, which provided suitable conditions for organizing civil court watch. Authors: Georgi Milkov – NGOs Centre in Razgrad Konstantin Petrov – NGOs Centre in Razgrad Stoyanka Nedelcheva - NGOs Centre in Razgrad Katia Bojikova - NCC "Lik", Pleven Valentina Sofronieva - NPLE "Hope 2002",Levski Paunka Tsvetkova – Chitalishte “Light", Cherven bryag Elena Nazarova – Citalishte "Aprilov-Palauzov 1861", Gabrovo Pleven: Daniel Jonkov - civil observer, Svetoslav Ivanov – civil observer Lubov Kirilova- expert, Maya Mironova-expert. Levski: Ilka Dicheva - observer, Emilia Kondova - observer, Zoya Licheva - expert, Ivelina Fzdravkova - expert. Cherven bryag: Vili Valov - observer, Cvetan Petkov - observer, Emilia Dimova - expert, Petyo Kostov - expert. Gabrovo: Vladislava Hristova - observer; Radka Baltova - expert; Nikolay Bankovski – expert. Razgrad: experts of the team of the project – Diana Parvanova, Dimo Borisov, Elin Harizanov, Nadejda Vassileva, Stella Kovacheva. This publication is published within the project “Justice reach to people” implemented by NGOs Center in Razgrad and the National NGO Network for Civil Court Watch in Bulgaria. Published ascertainment, conclusions and recommendations shall in no way engage the America for Bulgaria Foundation. 2 1. First Part 1.1 Summary of the report The report contains the results of civil court watch, held during the months of December 2010, January and February 2011 in Regional courts in Gabrovo, Levski, Pleven and Cherven bryag. Monitoring is carried out by a team of National NGOs network for Civil Court Watch within the framework of the project "Justice, near people", funded by the America for Bulgaria Foundation. The main task of the civil court watch was to track impression, which allow citizens in the application of new and amended laws and access of vulnerable groups to justice. The subject of civil court watch is Code of Ethical Behavior for Bulgarian magistrates, which they must follow, as well as the presence or absence of conflict of interests of employees of the Themis within the judicial system. In the course of civil court watch are tracked 122 judicial matters, of which 60 criminal and 62 civil. Civil court watch was focused on processes, led by Law on Protection from Domestic Violence, Law on Child Protection, the Family Code, as well as on criminal proceedings for crimes of common and private nature. Matters to be observed include cases in LAPH. In them is traced the rapid production, which should be handled and imposed penalties which sometimes conflict with Community law and are in violation of civil rights. The subject of civil court watch is existing in the courts and mechanisms which ensure publicity, accountability and transparency of the activities of the Court, as well as its openness and accessibility for people. Special attention is given to the ability of vulnerable groups to obtain guaranteed access to the services of the judicial system, as well as whether there are direct physical facilities for their move to and in court premises. The report contains the findings of the work of the Juror. Tracked are principles for their selection, control of the work and their usage; opportunities for training; the manner of payment of their labour; the system for the selection of citizens – panelists entrusted by law to assist judges to judge the most fair. The team of observers and experts is subject of special study status of relationships and commitments between the representatives of the judicial system in various legal areas. Examined are the preconditions for possible conflicts of interest. Comment and public assessment are subject and facts become publicly known through publications in the media, with which the team considered that violates the Code of Ethical Behavior for Bulgarian magistrates. The team of civil court watch is traced and changes in the judicial practice of the courts in relation to established data of civil court watch of 2006-2008. 3 1.2. The degree of progress Paste the assessments we have managed, that the assessment under "Good progress" receive courts, which, according to us have serious problems in its work on the organization and conduct of judicial processes. Evaluation "Very good progress" place for a very good application of laws and very good administration. Evaluation "Exceptional progress" is set when the Court establishes and applies the new model practices, which have been approved by the Supreme Judicial Council and the Minister of justice. Gabrovo Levski Pleven Cherven bryag Application of new laws Very good Very Very Good progress good good progress progress progress Civic Procedure Code Very good Very Very Very progress good good good progress progress progress Penal Procedure Code Very good Very Very Very progress good good good progress progress progress Judiciary Law Very good Very Very Good progress good good progress progress progress Law on Child Protection - Very Very Very good good good progress progress progress Law on Protection from Domestic Violence Very good - Very Very progress good good progress progress Law for Prevention and Identifying the Conflicts Very good Very Very Very of Interests progress good good good progress progress progress Code of Ethical Behavior for Bulgarian Very good Very Very Very magistrates progress good good good progress progress progress Law Against Petty Hooliganism Very good Very Very Very progress good good good progress progress progress Access of vulnerable groups to justice Good Very Very Good progress good good progress progress progress Architectural internal and external environment Very good Very Good Good of the buildings — the accessibility of people with progress good progress progress permanent physical disability progress Accessibility and adequacy of judicial procedures Good Very Very Good against representatives of vulnerable groups ,not progress good good progress able to express clearly their statements progress progress Accessibility and adequacy of judicial procedures Good Very Very Good 4 against representatives of vulnerable groups ,not progress good good progress able to express clearly their statements progress progress Level of access to information for people with Good Very Good Good disabilities on the Court, its activities, staff, progress good progress progress administration, legal matters, etc. progress Activity of Juror No No No No progress progress progress progress Ethical Behavior for Bulgarian magistrates Good Good Good Good progress progress progress progress Publicity and awareness on the activities of the Good Very Very Good Court progress good good progress progress progress 3. Third Part 3.1 General assessment of the courts on the application of new and amended laws. The assessment reflects the cross-sectional observed four regional courts on the main indicators of civil court watch. The focus of the evaluation are challenges in judicial activity, which we believe are the subject of the near future. Publicity and transparency in the work, the management of the buildings are especially important for the access of citizens to justice. We suggest the administrative managers to plan their actions for the next three years and to submit to the Supreme Judicial Council and Minister of Justice requests for budgets to ensure that intentions for reconstruction and modernization of the courts. Regional Court - Gabrovo shows very good progress. In most cases, civil matters concluded in one court hearing and exceptionally be postponed for second. Establish monitoring procedures PPC are complied with. Affairs begin exactly at the announced time, the line in the Hall be maintained with ease, work is competently and impartially. The judges explain the rights of the parties to the proceedings. In cases of JL will delay on the part of judges. Observed are cases in which lawyers are without robes, and judges have been at remote. Judicial proceedings shall be distributed at random with the help of provided by SJC software that ensure their even distribution. When examining the minutes of these meetings has been established that they are prepared in detail within three days, and most of the judicial decisions are announced and published before the prescribed period of one month. There is good coordination between the institutions in the implementation of
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