Rule of Law

DEVELOPMENT CHALLENGES Fair and equal treatment of citizens by the government is a fundmental requirement for a successful democractic society. For Bulgaria to advance its economic and democratic reforms, its citizens, foreign investors and local businesses must be able to count on governmental systems that respond to their needs and protect their rights effectively and transparently.

GOAL The creation of legislative, executive and judicial systems that serve to protect the rights and freedoms of all Bulgarians equally.

USAID INVOLVEMENT The Rule of Law program is the centerpiece of USAID’s assistance program with three major components: justice sector reform, anti-corruption efforts, and reducing trafficking in persons.

The many judicial reform issues in Bulgaria have required USAID to take both a bottom-up and a top-down approach by working at the national and local levels with regional, district and appellate courts, lawyers, governmental entities, non-governmental organizations and professional organizations.

The Mission’s anti-corruption activities work to strengthen the Government of Bulgaria's institutional capacity to prevent corruption and enhance transparency and accountability, especially in government audit, internal controls, and public procurement areas. In addition, civil society components promote anti-corruption public awareness, monitor public administration work, and investigate corruption allegations.

PROJECTS

Judicial Strengthening Initiative (JSI) (2004-2007)
USAID has made strengthening the judicial system the centerpiece of its assistance to Bulgaria. JSI is USAID’s primary tool to strengthen the ability of the court system to deliver services in a more transparent, independent and accountable way. The initiative builds on previous USAID achievements and intends to leave behind a judiciary that functions with principles of modern court administration and case management, increased transparency, better qualified staff, and increased public confidence. The JSI takes a comprehensive approach to its work involving all parts of the court system, both on the local and national levels, and builds on previous USAID achievements, such as the USAID-created National Institute of Justice, now funded by the national budget, and Model Courts. Initiatives are closely coordinated with the efforts of other donors and implementers such as the European Union and Open Society Foundation.

Attorneys Professional Development Initiative (APDI) (2000-2007)
Any initiatives attempting to reform the judiciary must include attorneys, who constitute an essential element of any effectively functioning legal system. The initiatives of the APDI are designed to strengthen the professional development of attorneys by introducing and implementing new standards and procedures for admissions and discipline; instituting a rigorous bar exam, providing sustainable continuing legal education, promoting methods for alternative dispute resolution, and remedying the lack of practical training in the Bulgarian system of legal education.

Open Government Initiative (OGI) (2002-2007)
USAID’s anti-corruption activities are built to strengthen the Government of Bulgaria’s institutional capacity to prevent corruption and enhance transparency and accountability, especially in government audit, internal controls, and public procurement. These efforts have been complemented by work to create a stronger role for Bulgaria’s supreme audit institution to audit political parties’ finances, and by civil society to support anti-corruption public awareness, monitor public administration, and investigate allegations of corruption. Most recent USAID corruption prevention-related activities are a result of government requests related to specific EU accession requirements. These efforts have focused on streamlining Bulgaria’s public procurement and government auditing systems. The current USAID anti-corruption program provides technical assistance to a large array of stakeholders in the areas of government auditing and public procurement reforms. The National Audit Office, the Ministry of Finance, the Public Procurement Agency, and the Ministries of Health, Energy, Economy and Regional Development and Public Works benefit most from this assistance.

Combat Human Trafficking
The anti-trafficking activity focuses on capacity building within Bulgarian institutions at both the national and local level that are combating this problem. The Mission will also provide additional support in building a shelter for children victims of trafficking and in working with the civil society to provide better opportunities for people in at-risk communities and regions.

Linkages: Beyond these Rule of Law activities, USAID has several projects that serve in related areas. Our Commercial Law Reform Project has the most direct links with its stress on mediation, judgment enforcement reform and improved business registration processes. Our Financial Sector Integrity program works to strengthen supervising regulators in the financial sector. The popular anti-corruption program "Na Chisto" is a key component of our Media Advocacy and Awareness program. Our Local Government Programs have introduced transparency and accountability into the municipal governing process.

Other USG Agencies: USAID works closely with other U.S. Government entities to help resolve rule of law issues. The Department of Justice and U.S. Treasury address law enforcement aspects by focusing on deficiencies of the prosecution and investigation bodies, organized crime, and financial crimes. These efforts are complemented by legislative changes that support a more effective rule of law.

^{Last updated: 6 February 2007}