OF ESTABLISHED PERSONNEL Committee on Proposals and Appraisal of Judges, Prosecutors and Investigators /CPA/ TOPIC OPTIMIZING THE NUMBER OF ESTABLISHED PERSONNEL

The committee on Proposals and Appraisal of Judges, Prosecutors and Investigators is permanent acting, pursuant to art. 37 of the Judiciary System Act (JSA) and consists of ten members. Committee’s chairperson is Ms Milka Itova – a SJC member. Vice - Chairman is Mr. Rumen Boev – also a SJC member. The CPA activity is expounded in art. 38 JSA. The CPA proposes to SJC a draft decision concerning as it follows: - number of judges, prosecutors, investigators as well as the administrative heads and their deputies; -appointments, promotions to a higher rank or position and removals from office of judges, prosecutors and investigators; -appointments and removals from office of administrative heads and their deputies -acquisition of tenure status by judges, prosecutors and investigators.

Optimizing the number of the established posts in the judicial authorities by reductions and new vacancies

Since the SJC has been constituted in its current composition – on 03 October, 2012 until 31 March, 2016, the CPA - has been strongly developing its pivotal activity on optimizing and reassigning staff positions within the Judiciary. The optimization is related to obligatory assessment and consideration of workload indicators for the respective bodies - number of cases to be examined and number of cases resolved by a 1 judge on a monthly basis. The principal goal of optimizing process is seeking solutions to personnel issues through a balanced distribution of positions within the Judiciary System and minimizing the overload.

During the above period the CPA has proposed to SJC to close 201 and to open 218 new positions in the tribunals, as well as to reduce 218 and to create the equal number in the public prosecutors' offices. А total of 49 public prosecutors' offices positions /including 6 prosecutors and 43 investigators/ are transferred in the tribunals. A total of 419 positions were made redundant in judicial bodies with lower levels of workload and were opened in judicial bodies with higher levels of workload.

A total numbers reduced in the period 03 October, 2012- 31 March, 2016

Period 03 October, 2012 – 31 March, 2016 Once the reassignment of positions during the above period have been finalized, the staff workload changed within the four major courts in Sofia, as follows: -SOFIA REGIONAL COURT –the established staff members as at 03 October, 2012 amounted 139 magistrates and their workload – i.e. number of cases to be examined monthly by a judge – totalled 108.29 and the number of completed cases monthly per a judge corresponded to 72.68. After optimization as at 31 March, 2016 with staff consisting of 175 magistrates, the workload indicators have changed as follows: number of cases for consideration 76.77 and number of closed cases 46.30 -REGIONAL COURT – VARNA –the established staff members as at 03 October, 2012 amounted 40 magistrates and their workload – i.e. number of cases to be examined monthly by a judge – totalled 80,12 and the number of completed cases monthly per a judge corresponded to 56,32. After optimization as at 31 March, 2016 with staff consisting of 53 magistrates, the workload indicators have changed as follows: number of cases for consideration 53,24 and number of closed cases 39,93. -REGIONAL COURT - PLOVDIV–the established staff members as at 03 October, 2012 amounted 53 magistrates and their workload – i.e. number of cases to be examined monthly by a judge – totalled 62,35 and the number of completed cases monthly per a judge corresponded to 49,01. After optimization as at 31 March, 2016 with staff consisting of 58 magistrates, the workload indicators have changed as follows: number of cases for consideration 47,58 and number of closed cases 41.26.

Period 03 October, 2012 – 31 March, 2016 SOFIA CITY COURT – The established staff members amounted as at 10 March, 2012 136 magistrates and their workload – i.e. number of cases to be examined monthly per a judge totalled 39.95 and the number of completed cases monthly per a 1 judge corresponded to 21.29. After optimization as at 31 March, 2016 with staff consisting of 159 magistrates, the workload indicators have changed as follows: number of cases for consideration 25.70 and the number of closed cases 17,23. - SOFIA CITY ADMINISTRATIVE COURT – The established staff members amounted as at 10 March 2012 50 magistrates and their workload – i.e. number of cases to be examined monthly per a judge totalled 37.43 and the number of completed cases monthly per a judge corresponded to 20.09. After optimization as at 31 March, 2016 with staff consisting of 68 magistrates, the workload indicators have changed as follows: number of cases for consideration 22.15 and number of closed cases 16.11. - SOFIA COURT OF APPEAL – The established staff members amounted as at 10 March 03, 2012 55 magistrates and their workload – i.e. number of cases to be examined monthly per a judge totalled 14.09 and the number of completed cases monthly per a judge corresponded to 9.34. After optimization as at 31 March, 2016 with staff consisting of 64 magistrates, the workload indicators have changed as follows: number of cases for consideration 10.30 and number of closed cases 8.09..

The chart represents the optimization achieved with the quantity of established personnel in the Republic of Bulgaria’s courts, which involved reduction of the workload that the magistrates in the judicial authorities carried out

As an independent method of position reassignment in the judicial bodies, the CPA makes use of the reappointment procedures for judges under article 194 of the Judiciary System Act with conducting a document competition. There are 46 completed procedures under article 194 of the Judiciary System Act, whereby on a proposal from the CPA 80 magistrates coming from judiciary bodies with lower levels of workload to bodies with higher ones have been reappointed.

Planning positions for junior judges and junior public prosecutors

After performing the optimization and before announcing competitions for junior judges in district courts and for junior prosecutors in regional prosecution offices, the CPA carries out a planning based on the analysis of the workload for the respective district court, after studying the proposals of the administrative heads, the proposal of the Prosecutor General of the Republic of Bulgaria in view of the expiration of the period under art. 240 of the Judiciary System Act, as well as with consideration of each magistrate’s removal from office in the relevant judicial authorities in accordance with art. 165, para.1 item. 1 of the Judiciary System Act.

In 2013, the CPA has proposed to the SJC to announce a competition for 25 positions for junior judges and a competition for 18 positions for junior prosecutors. A total of 43 junior magistrates were appointed by SJC decision under Minutes No 26 / 19.06.2014 as a result of a 9-month training successfully completed at the National Institute of Justice. Accordingly to the prerequisites of art.243 of the Judiciary System Act, the same are expected to be appointed to a judge position by the regional courts, and as prosecutors by the regional prosecutors’ offices in June 2016.

In 2014, the CPA has planned 21 posts for junior judges and 30 posts for junior prosecutors and has proposed to the SJC to announce a competition for the aforementioned. A total of 50 junior magistrates were appointed by SJC decision under Minutes No 34 / 17.06.2015, after successfully completing their 9- month training at the National Institute of Justice, of which 29 junior prosecutors and 21 junior judges.

In 2015 with a decision under Minutes No 3/ 22. 01 In 2015 with a decision under Minutes No 3/ 22.01.2015 the SJC announced a competition for 37 positions of junior judges in the district courts on a proposal from the CPA and after planning and taking into account the workload of the respective district courts and the financial funding for the vacant positions. By decision under the same Minutes, the SJC announced a competition for 30 positions of junior prosecutors in the regional prosecutors’ offices at the proposal of the CPA and after a programming executed as proposed by the Prosecutor General of the Republic of Bulgaria. A total of 69 candidates for junior magistrates have been on a 9 month training course at the National Institute of Justice since 10/05/2015. The aforementioned will be appointed as junior judges in the district courts and as junior prosecutors in the regional prosecutors’ offices after successful completion of their training at the National Institute of Justice and the expiration of the term under art. 240 of the Judiciary System Act.

In 2016, on proposal of the CPA, the SJC announced by its decision under Minutes No 5 / 28.01.2016, the competition for filling 18 positions of junior judges in the district courts and a competition for filling 30 posts of junior prosecutors in the regional prosecutors’ offices. Within a fourteen-day lapse for document admission, applications for participation in the competitions have been submitted by a total of 1768 candidates, including 749 candidates for junior judges and 1019 candidates for junior prosecutors. In April 2016 written tests for the above competitions are expected to be conducted: on 09 April, 2016 for junior judges and on 16 April, 2016 for junior prosecutors respectively.

Summary on the period 03 October, 2012.- 31 March 2016. YEAR POSITIONS ANNOUNCED FOR JUNIOR JUDGES POSITIONS ANNOUNCED FOR JUNIOR PROSECUTORS APPOINTED JUNIOR MAGISTRATES TOTALLY 2013 25 18 43 2014 21 30 50 2015 37 To be appointed in 2016 2016 To be appointed in 2017

Competitions for initial appointments

In the period 3 October, 2012 through 31 March, 2016 were announced a total of 40 competitions for initial appointment and engagement for 195 positions in the judiciary. 2013 - 15 competitions to occupy 58 positions 2014 - 14 competitions to occupy 60 positions 2015 - 7 competitions to occupy 69 positions and 2016 - 4 competitions to occupy 8 positions. The appointed magistrates have been 123, of which 112 assumed office.

58 60 69 8 15 14 7 4 Competitions announced Positions (in numbers) Summary on the period 03 October, 2012 – 31 March, 2016 YEAR Competitions announced Positions (in numbers) 2013 15 58 2014 14 60 2015 7 69 2016 4 8

Competitions for promotion and transfer

In the period from 03 October, 2012 until 03 March, 2016, the CPA has suggested to the SJC to announce a total of 47 competitions for promotion and transfer within the judicial authorities to occupy a total of 625 positions. 2013 - 20 competitions for filling 278 positions 2014 - 10 competitions for filling 130 positions 2015 - 11 competitions for filling 192 positions and 2016 - 6 competitions for filling 25 positions. Among the competitions for promotion and transfer within the judicial authorities, the magistrates promoted or transferred are 485, and 442 have entered the office.

Summary on the period 03 October, 2012 – 31 March, 2016. YEAR COMPETITIONS ANNOUNCED POSITIONS (in numbers) 2013 20 278 2014 10 130 2015 11 192 2016 6 25

For the indicated period 267 magistrates have left the judiciary, while 285 magistrates have taken up duty.   As of 31.03.2016 the total number of vacant positions in all levels in court are 65 (62-judges and 3 – junior judges), while in prosecution – 180 in all levels, including – 51 investigators.

The main conclusion that can be drawn concerning the statistics for the related period is the necessity for a gradual planning process, regular announcements and a well-timed organization of competitions for magistrates. The main activity the Committee develops is optimization and reassignment of the established posts within the judicial system. This activity constitutes a measure planned by the Committee accountable to the area of the Standards in the Judiciary of the Action Plan for implementing the recommendations of the European Commission Report of January 2016 within the framework of the International Valuation Standards. Based on the understanding of how important its transparency is for the motivation of the magistrates themselves, as well as for raising the confidence of the society in the judicial system, the CPA is currently taking strong action towards increasing accountability, openness, exchange and access to information by publishing up-to-date information about its overall activities on the official website of the Supreme Judicial Council in the IMPORTANT section.