Kolevi: Bulgaria’s 10-Year Cat-and-Mouse Game with the Council of Europe and the Venice Commission

Abstract

For ten years, Bulgaria has stubbornly been refusing to comply with Kolevi v Bulgaria, a decision by the European Court of Human Rights which requires a reform of Bulgaria’s Prosecutor’s Office, despite yearly reminders by the Council of Europe and despite opinions by the Venice Commission which recommend such a reform. The latest trick to postpone compliance involves asking the Constitutional Court if a reform is necessary. The article argues that Bulgaria’s cat-and-mouse game with the Council of Europe and the Venice Commission is the latest illustration of the deteriorating rule of law in the country.

Keywords: Rule of law, Judicial Independence, European Court of Human Rights, Criminal Investigation, Independent Investigation, Separation of Powers, Venice Commission, Council of Europe, Communist legal culture