Council of Europe lifts monitoring on Bulgaria amid unprecedented rule of law crisis

While the liberals in the European Parliament call for freezing EU funds for Bulgaria over “political arrests” and lawlessness, the Parliamentary Assembly of the Council of Europe (PACE) dеcided to end its post-monitoring dialogue with Sofia on the rule of law, citing the country’s progress.

On Wednesday (1 October) a majority in PACE supported a special resolution ending Bulgaria’s monitoring. The only dissenting voices came from three deputies from North Macedonia and former Bulgarian justice minister Nadezhda Yordanova.

The process lasted 27 years, during which the Council of Europe scrutinised the persistent problems of corruption and lack of accountability in the Balkan state and made recommendations.

The news was first announced by GERB’s representative in PACE, Denitsa Sacheva. The MP underlined that Bulgaria had “carried out key reforms in the judiciary, in the fight against corruption and in safeguarding media freedom.”

“Legislative changes have been adopted to protect victims of domestic violence, tackle hate speech and improve journalists’ protection,” Sacheva added.

Unprecedented crisis

Ironically, only hours after PACE voted to lift the monitoring, Bulgaria’s judicial crisis deepened to an unprecedented level. The Supreme Court announced it did not recognise the country’s Prosecutor General, Borislav Sarafov, as legitimate – a decision that could paralyse the entire Bulgarian judicial system.

However, the Council of Europe’s official statement indicates that the termination of the monitoring was motivated by measures that have not in fact been implemented. PACE praises Bulgaria for adopting a judicial reform that was later overturned.

According to the resolution, authorities have curtailed the powers of the prosecution service, taken steps against high-level corruption and adopted an Anti-Corruption Act. In reality, many of these reforms have either been rolled back or left incomplete, while the country continues to be shaken by political scandals involving the judiciary.

The Bulgarian parliament has yet to adopt measures protecting journalists, including against strategic lawsuits against public participation (SLAPPs). Meanwhile, serious issues remain: acting Prosecutor General Borislav Sarafov’s legitimacy is disputed by the Supreme Court, there is no effective oversight of surveillance practices, and the Supreme Judicial Council has had its disciplinary powers curtailed following an EU Council decision.

The arrest of Varna mayor Blagomir Kotsev has triggered a strong reaction in Brussels, with the liberal Renew Europe group in the European Parliament calling for a freeze on EU funds for Bulgaria.

Deputy Prime Minister Tomislav Donchev (GERB) admitted that Renew’s demand could affect the disbursement of funds to Bulgaria.

European Liberals urge Commission to suspend €653 million for Bulgaria over politically driven trial

The report and its contradictions

The PACE resolution is based on a report prepared by Deborah Bergamini (Italy, EPP/CD) and Yves Cruchten (Luxembourg, SOC). It stresses that Bulgaria has “significantly improved its framework on freedom of expression” and taken steps against hate speech and violence against women.

“Bulgaria is on the right track, but not all questions related to human rights, democracy and the rule of law have been satisfactorily resolved. Is everything perfect in Bulgaria? Absolutely not. This resolution and our report leave Bulgaria with some homework to do,” Cruchten commented.

The authorities in Sofia are urged to resume judicial reform through new constitutional changes, potentially requiring a Grand National Assembly – something seen as politically impossible at this stage.

The Assembly also expressed concern about “the fragile situation of the Roma population” and called for stronger integration measures.

Tensions in Sofia

On Thursday morning, PACE’s decision provoked sharp reactions in the Bulgarian parliament. Government MPs attacked former justice minister Nadezhda Yordanova (Democratic Bulgaria) for abstaining in the vote.

Justice Minister Georgi Georgiev stressed that only Yordanova and a few deputies from North Macedonia had failed to support the resolution. Shortly afterwards, the leader of the “DPS – New Beginning” faction, Delyan Peevski, accused her of national treason.

“Once again, treason against the national interest has been committed,” said Stanislav Balabanov of “There Is Such a People.”

Democratic Bulgaria co-chair Bozhidar Bozhanov defended Yordanova, arguing that abstaining was not equivalent to voting against, but was rather a signal of the deepening rule-of-law crisis.

Yordanova was even booed in the chamber, with Balabanov demanding she explain her decision.

“We cannot, while illegal arrests are taking place here, while the Supreme Judicial Council is being controlled and the judiciary manipulated, tell Bulgarian citizens: Everything is fine” Bozhanov insisted.

GERB leader Boyko Borissov described PACE’s decision as historic: “Yesterday PACE, after 27 years, lifted the monitoring mechanism on Bulgaria. For two years they carried out all kinds of checks, and yesterday everyone in Europe, with the exception of North Macedonia, voted for Bulgaria’s monitoring to be lifted.”

Borissov bragged that the current government, in which his party is senior coalition partner, succeded to lead the country to become member of Schengen, of the Banking Union and the eurozone, and to have the Council of Europe monitoring mechanism “disappear”.

Caption: PACE/@PACE_News/X