Bulgaria

   

Executive Accountability

#32
Key Findings
With several notable gaps in monitoring effectiveness, Bulgaria scores relatively poorly overall (rank 32) in the area of executive accountability. Its score in this area has improved by 0.1 point relative to 2014.

While activist citizens and businesses tend to have a strong grasp of current policies within their areas of interest, policy knowledge more generally is highly uneven. Print-media organizations often prioritize their owners’ businesses over strong reporting. Media coverage of COVID-19 was very weak, and contributed to the failure of the country’s vaccination campaign.

Parliamentarians’ resources have been expanded but remain moderate at best. Formal oversight powers are adequate. The Audit Office performs its tasks in a clear and professional manner and makes its findings available to the public, but lacks the power to act on its findings. Significant recent data breaches have exposed the weakness of the data-protection commission.

Political-party decision-making styles differ. Economic-interest associations have relatively strong capabilities, with labor unions drafting proposals on a very wide range of economic and political issues. Other interest organizations are more activist than analytical.

Citizens’ Participatory Competence

#29

To what extent are citizens informed of public policies?

10
 9

Most citizens are well-informed of a broad range of public policies.
 8
 7
 6


Many citizens are well-informed of individual public policies.
 5
 4
 3


Few citizens are well-informed of public policies; most citizens have only a rudimental knowledge of public policies.
 2
 1

Most citizens are not aware of public policies.
Political Knowledge
5
The distribution of knowledge about government policies in Bulgaria is highly uneven. Citizens who are active, especially through participation in non-governmental organizations or grassroots activities, seem to have a very strong grasp of current policies in their sphere of interest. Businesses are also well informed of government policies concerning their field of operation. The general public, however, seems distrustful and uninterested. Citizens’ knowledge of how the government is actually organized and works, the division of competencies and the way decision-making and implementation proceeds is also not high.

Does the government publish data and information in a way that strengthens citizens’ capacity to hold the government accountable?

10
 9

The government publishes data and information in a comprehensive, timely and user-friendly way.
 8
 7
 6


The government most of the time publishes data and information in a comprehensive, timely and user-friendly way.
 5
 4
 3


The government publishes data in a limited and not timely or user-friendly way.
 2
 1

The government publishes (almost) no relevant data.
Open Government
6
The Bulgarian government has adopted a policy of developing citizen access to government data through the establishment of an open data portal. As of late 2019, there were close to 10,000 datasets available, and constant updates take place. All datasets are downloadable in machine-ready format. The data portal provides citizens with a powerful tool for assessing government policies and holding the government accountable. Two major limitations remain, however. First, the supply of data, which would enable citizens to make a preliminary assessment of major government projects and plans, is relatively limited. Second, many datasets are difficult to interpret because of obscure and unclear methodologies.

The government response to the COVID-19 pandemic demonstrated an improved access to basic government information, especially with regard to its provision of timely statistics. In addition, the government improved its efforts to communicate necessary public health information.

In 2021, the National Revenue Agency, the National Insurance Institute, the State Pension Fund and the Financial Supervision Commission broadened the access to information. Simplifications and user-friendliness remain an issue. Some segments of the needed information lag behind best practices, especially in terms of timeliness (e.g., government spending) but also content (e.g., inflation and information regarding ethnic backgrounds in labor market statistics and social inclusion-relevant issues).

Citations:
https://opendata.government.bg/

Legislative Actors’ Resources

#27

Do members of parliament have adequate personnel and structural resources to monitor government activity effectively?

10
 9

The members of parliament as a group can draw on a set of resources suited for monitoring all government activity effectively.
 8
 7
 6


The members of parliament as a group can draw on a set of resources suited for monitoring a government’s major activities.
 5
 4
 3


The members of parliament as a group can draw on a set of resources suited for selectively monitoring some government activities.
 2
 1

The resources provided to the members of parliament are not suited for any effective monitoring of the government.
Parliamentary Resources
4
The Bulgarian parliament has a budget that amounts to little more than 0.15% of national public spending. About three-quarters of the budget are used to pay the salaries members of parliament and their administrative staff. As a result, resources available to members of parliament for expert staff and independent research are very limited. This means that the capacity of the National Assembly to effectively assess and monitor the policies and activities of the executive is also limited. This limitation is not structural, since the Bulgarian parliament has full discretion over the central government budget and could secure the resources for enhanced monitoring.

After a period of restricted and to some extent biased dissemination of information to members of parliament, the 2021 election seems to have ushered in some improvements in this regard. In 2017-2020, budget funds were spent to renovate one of the buildings of the parliament, and resources have now been made available to hire more experts and technical staff.

Are parliamentary committees able to ask for government documents?

10
 9

Parliamentary committees may ask for most or all government documents; they are normally delivered in full and within an appropriate time frame.
 8
 7
 6


The rights of parliamentary committees to ask for government documents are slightly limited; some important documents are not delivered or are delivered incomplete or arrive too late to enable the committee to react appropriately.
 5
 4
 3


The rights of parliamentary committees to ask for government documents are considerably limited; most important documents are not delivered or delivered incomplete or arrive too late to enable the committee to react appropriately.
 2
 1

Parliamentary committees may not request government documents.
Obtaining Documents
7
Under the Rules of Organization and Procedure of the Bulgarian parliament, parliamentary committees can obtain any documents from any public or private person in the country. A chairperson of a standing committee is obliged to acquire such documents if one-third of the members of the committee ask for them. In practice, some documents are withheld from parliament with confidentiality or national security being cited as reasons for doing so. While parliamentary committees are entitled to handle classified information and documents, such a demand would require cumbersome formal procedures such as setting up a specific body to investigate the concrete issue, adopting respective rules and procedures, and ensuring confidentiality. The institution of “parliamentary questions” put to the executive also gives individual members of parliament access to the executive branch. Representatives of the executive can delay the execution of these requests, because responsibilities are not clearly specified and sanctions are not defined. There have been numerous instances of such delays. However, parliamentary questions remain an effective and widely used (especially by the opposition) tool for parliamentarians to access government information.

Are parliamentary committees able to summon ministers for hearings?

10
 9

Parliamentary committees may summon ministers. Ministers regularly follow invitations and are obliged to answer questions.
 8
 7
 6


The rights of parliamentary committees to summon ministers are slightly limited; ministers occasionally refuse to follow invitations or to answer questions.
 5
 4
 3


The rights of parliamentary committees to summon ministers are considerably limited; ministers frequently refuse to follow invitations or to answer questions.
 2
 1

Parliamentary committees may not summon ministers.
Summoning Ministers
7
Legally, parliamentary committees have the power to summon ministers and the prime minister, and under the Rules of Organization and Procedure of the Bulgarian parliament, these executive-branch figures are obliged to comply. When a minister or the prime minister is asked a parliamentary question, he or she has to respond in person in the National Assembly in due time. There is no penalty for non-compliance except the possible loss of reputation and political image. Members of the executive most often comply with summons from the parliament, but can afford to ignore such summons indefinitely.

Since the newly elected parliament has amended the rules, ministers are now summoned more often than before.

Are parliamentary committees able to summon experts for committee meetings?

10
 9

Parliamentary committees may summon experts.
 8
 7
 6


The rights of parliamentary committees to summon experts are slightly limited.
 5
 4
 3


The rights of parliamentary committees to summon experts are considerably limited.
 2
 1

Parliamentary committees may not summon experts.
Summoning Experts
10
Under the Rules of Organization and Procedure of the Bulgarian parliament, parliamentary committees are able to invite experts. This opportunity is available to deputies from the opposition as well. Experts are obliged to provide the committees with any information and documents that the latter require for their work. While experts cannot be obliged to attend the committee meetings, these invitations carry considerable prestige and an opportunity to have an input in the legislative process, thus providing incentive to respond promptly. Due to budget constraints, committees have to be selective, and cannot invite a broad range of experts; however, they use this opportunity regularly.

Are the task areas and structures of parliamentary committees suited to monitor ministries effectively?

10
 9

The match between the task areas of parliamentary committees and ministries as well as other relevant committee structures are well-suited to the effective monitoring of ministries.
 8
 7
 6


The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are largely suited to the monitoring ministries.
 5
 4
 3


The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are partially suited to the monitoring of ministries.
 2
 1

The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are not at all suited to the monitoring of ministries.
Task Area Congruence
9
For the last several parliamentary terms, Bulgaria has maintained standing parliamentary committees that closely follow or effectively repeat the structure of the Council of Ministers.

Media

#37

To what extent do media in your country analyze the rationale and impact of public policies?

10
 9

A clear majority of mass media brands focus on high-quality information content analyzing the rationale and impact of public policies.
 8
 7
 6


About one-half of the mass media brands focus on high-quality information content analyzing the rationale and impact of public policies. The rest produces a mix of infotainment and quality information content.
 5
 4
 3


A clear minority of mass media brands focuses on high-quality information content analyzing public policies. Several mass media brands produce superficial infotainment content only.
 2
 1

All mass media brands are dominated by superficial infotainment content.
Media Reporting
4
High-quality journalism is secondary to the owners’ respective business interests in print media. However, high-quality investigative journalism and political commentary remained available in print, electronic and online media.

This seemingly small number of media outlets, which are subject to restrictions and at times oppressed, successfully changed public opinion in 2020 by providing timely information on the government’s and prosecutor general’s actions, thereby fueling the public discontent that eventually brought about political change.

Before 2021, most major media organizations tended to frame government decisions in terms of personalized power politics. They elicited comments from politicians only, which diverted attention away from independent opinion and the substance of policy toward entertainment or sensationalism. There was little coverage of the preparatory stages of policy decisions. When coverage began, basic information about a given decision or policy was provided, but typically without any deep analysis of its substance and societal relevance. In some cases in 2020, outlets were actively pressured not to cover substantive issues; in one particularly egregious example, one of the national radio service’s stations was taken off the air for several hours with the aim of preventing a well-known journalist from asking questions and analyzing the ongoing process of selecting the new prosecutor general.

Media coverage of COVID-19 issues was atrocious and contributed to Bulgaria’s failed vaccination campaign. Mainstream media regularly invited and left unchallenged numerous speakers who peddled fake news and misinformation. Reporting on civil rights also does not meet high ethical standards. In many cases, NGO representatives have in the past been invited to discuss issues together with politicians from the far right who are then allowed to verbally attack the opponent. Citing the need to represent “both sides,” journalists have tolerated this kind of approach.

These kinds of things are on the decline thanks to the 2021 elections, improved pluralism and the new governing coalition that has replaced a government dominated by a single party.

The number of online media outlets is increasing, and their importance is growing. These outlets offer coverage of policy decisions that is in some cases timelier and provides more in-depth reporting on topical issues. The investigative reporting provided by the Radio Free Europe outlet for Bulgaria reestablished online in 2019 had an immediate impact on the two most serious corruption scandals of that year – the real-estate dealings of high-level officials and the violation of municipal construction regulations by the head of the anti-corruption agency.

Parties and Interest Associations

#35

How inclusive and open are the major parties in their internal decision-making processes?

10
 9

The party allows all party members and supporters to participate in its decisions on the most important personnel and issues. Lists of candidates and agendas of issues are open.
 8
 7
 6


The party restricts decision-making to party members. In most cases, all party members have the opportunity to participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are rather open.
 5
 4
 3


The party restricts decision-making to party members. In most cases, a number of elected delegates participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are largely controlled by the party leadership.
 2
 1

A number of party leaders participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are fully controlled and drafted by the party leadership.
Intra-party Decision-Making
4
Bulgaria’s heretofore unprecedented four-party coalition, which was formed after two general elections, amid a pandemic and after two weeks of intensive but broadcasted deliberation, shook up the country’s political establishment.

The election delivered an important lesson: whereas no parliamentary group in the May-June parliament was prepared to enter into a coalition with GERB as the largest party, and the lead party (There is Such a People, ITN) of the July-October parliament did not want to cooperate with any other party, the spirit of cooperation – despite the various cleavages – prevailed in the parliament elected in November. ITN’s leader, Slavi Trifonov, has not held a public office and did not run for election in 2021.

In this respect, ITN resembles the Movement for Rights and Freedoms party (DPS), whose honorable chairperson, Ahmed Dogan, designs and/or approves the decisions made in the party. More of an electoral alliance than party per se, We Continue the Change (PP) has scheduled party-building events for the early part of spring 2022
Democratic Bulgaria is a classical liberal coalition involving a substantial Green presence. Decisions are made by the bodies of the three parties and then discussed by a coordinating body guided by the three leaders.

The Bulgarian Socialist Party (BSP) is the oldest political party in parliament. Having suffered several splits in 2020 and 2021, the party is now united around its leader, Korneliya Ninova, who is also minister of the economy and industry and deputy prime minister.

This parliament consists of seven relatively small parliamentary groups, opposition or coalition partners, each of which have little choice but to be inclusive and maintain a spirit of dialogue. The only exception is the newly elected Revival – a radical, extremist party that opposes COVID-19 policies, the planned adoption of the euro, and Bulgaria’s membership in NATO and EU. Revival advocates establishing closer ties with Russia and threatens to bring about a revolutionary occupation of parliament and overthrow of the government if other parties do not agree with their demands.
Irrespective of changes at the helm of the party and its parliamentary group, GERB remains a leader-centered party. Boyko Borisov holds a position similar to that of Ahmed Dogan, but is also the most frequent public representative of GERB. In short, six of the seven parliamentary groups in parliament are leader-centered.

To what extent are economic interest associations (e.g., employers, industry, labor) capable of formulating relevant policies?

10
 9

Most interest associations are highly capable of formulating relevant policies.
 8
 7
 6


Many interest associations are highly capable of formulating relevant policies.
 5
 4
 3


Few interest associations are highly capable of formulating relevant policies.
 2
 1

Most interest associations are not capable of formulating relevant policies.
Association Competence (Employers & Unions)
6
The capacity of the major employers’ and business associations to make policy proposals is relatively well developed. These bodies can influence and propose policies in at least three ways: first, through their participation in the National Council for Tripartite Cooperation; second, through various EU-funded projects aimed at improving competitiveness and the business environment; and third, through their own capacity to perform research, formulate proposals and initiate public debates. All major associations were relatively active in this regard throughout the period in review. They also cooperate with academic institutions and scholars, think tanks and other interest groups.

In Bulgaria there are two trade union confederations, both represented in the National Council for Tripartite Cooperation. In contrast to the employers’ associations, the unions rely more heavily on their internal expertise in drafting and promoting proposals, cooperating comparatively less with academia and external scholars. Most reports and proposals drafted by the trade unions go beyond labor relations, and relate to taxation, transfers, foreign investors and other political issues.

To what extent are non-economic interest associations capable of formulating relevant policies?

10
 9

Most interest associations are highly capable of formulating relevant policies.
 8
 7
 6


Many interest associations are highly capable of formulating relevant policies.
 5
 4
 3


Few interest associations are highly capable of formulating relevant policies.
 2
 1

Most interest associations are not capable of formulating relevant policies.
Association Competence (Others)
4
The most active noneconomic interest groups in Bulgaria are largely engaged in four fields: education (especially parents’ associations), health (patients’ organizations), minorities and the environment. While there are many associations, which often act in accord, they seem more activist than analytical in their efforts. Their proposals are rarely accompanied by attempts to encompass the relevant issues fully, assess potential impacts comprehensively, or argue in favor of or against specific proposals on analytical grounds. The religious communities in Bulgaria have their channels of political influence, but are not broadly active in the public sphere.

Independent Supervisory Bodies

#27

Does there exist an independent and effective audit office?

10
 9

There exists an effective and independent audit office.
 8
 7
 6


There exists an effective and independent audit office, but its role is slightly limited.
 5
 4
 3


There exists an independent audit office, but its role is considerably limited.
 2
 1

There does not exist an independent and effective audit office.
Audit Office
8
The Audit Office underwent complete overhauls in both 2014 and 2015 due to the adoption, in both years, of completely new Audit Office Acts, each of which involved a full restructuration of the office’s governance architecture. In both cases, the new laws served as an excuse for the early termination of the mandates of the existing Audit Office leadership. While the present governance structure, established with the act of 2015, has made the office more professional than in the past, the repeated changes have undermined the independence and credibility of the Audit Office.

Since 2015, the Audit Office has performed its tasks in a clear and professional manner with a high degree of openness and has made its findings available to the general public. Under the present framework, the Audit Office’s capacity to contribute to the improvement of the effectiveness of government expenditures and assessment of the overall impact of different policies remains severely underutilized. Its effectiveness has also suffered from the fact that it is not vested with sufficient powers to act based on its findings. Such powers have been reserved for government bodies with dubious reputations, such as the prosecutor general or the anti-corruption agency.

Does there exist an independent and effective ombuds office?

10
 9

There exists an effective and independent ombuds office.
 8
 7
 6


There exists an effective and independent ombuds office, but its advocacy role is slightly limited.
 5
 4
 3


There exists an independent ombuds office, but its advocacy role is considerably limited.
 2
 1

There does not exist an effective and independent ombuds office.
Ombuds Office
8
There is a national ombuds office (the Ombudsperson of the Republic of Bulgaria), which is not part of parliament, but is elected by parliament for a five-year period. The Ombudsperson is independent in his/her activities and is subject only to the constitution, laws and international treaties adopted by Bulgaria. Other than putting arguments to the relevant administrative body and making its opinion public, however, the office has no formal powers.

The ombuds office’s reports indicate an increase in the number of citizens contacting the office and the number of formal complaints filed with the office over recent years. Over the last four years, Ombudsperson Maya Manolova has been very publicly active, significantly raising the office’s profile and degree of public recognition. However, Manolova resigned in September 2019, a year before the end of her term, to run for mayor of Sofia. Thus, parliament will have to elect a new ombudsperson.

Manolova used the ombuds office to boost her career and, after the municipal elections, joined the protest wave of 2020 and established a party to fight corruption. Her party participated in all of the elections held in 2021, but it failed to pass the 4% threshold in November. Her former deputy, Diana Kovacheva, was elected to her post by the pre-2021 parliamentary majority, but has not been a member of GERB or its then-coalition partner, the United Patriots party.

Is there an independent authority in place that effectively holds government offices accountable for handling issues of data protection and privacy?

10
 9

An independent and effective data protection authority exists.
 8
 7
 6


An independent and effective data protection authority exists, but its role is slightly limited.
 5
 4
 3


A data protection authority exists, but both its independence and effectiveness are strongly limited.
 2
 1

There is no effective and independent data protection office.
Data Protection Authority
5
The Personal Data Protection Commission was established in 2002. Bulgarian legislation treats personal-data administrators from the public and the private sectors similarly, and the commission has equal powers with respect to both. The commission can regulate the implementation of the law, review personal-data administrators’ activities, provide critical assessments, propose changes and, in the event of infringements, temporarily suspend administrator’s privileges. It can also be addressed by citizens with complaints about infringements of personal-data rights by government and private bodies.

While the competencies of the commission are thus relatively broad, it has limited resources in terms of funding and staff. The massive data breach experienced by the National Revenue Agency, which affected as many as half of the country’s citizens and was revealed in July 2019, revealed severe limitations in government agencies’ ability to protect personal data, while additionally exposing the ineffective nature of the commission’s oversight.

A similar data breach took place in 2020 that involved tens of thousands of bank accounts at Bulgaria’s largest retail bank.
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