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Draft bill would bar secondment of magistrates with under 5 years in post

16.10.2026

A Justice Ministry draft amends the Judiciary Act. It sets new conditions for seconding magistrates and for competitions for magistrates.

Колаж: Pexels • Pexels

Judges and prosecutors sent to work in other courts or offices will face new rules, as will competitions for magistrate posts, under changes to the Judiciary Act that the Justice Ministry has put out for public comment, the ministry said. It says it wants a more independent, open and fair court system. The draft follows recommendations from the OECD and the European Commission.

Judges, prosecutors and investigators could not be seconded if their last performance review was below "very good", or if they have held their current post for less than 5 years. The draft also sets a clear maximum length for a secondment. It counts the total time, even if the magistrate has worked in different bodies.

The ministry says secondments should go back to their real purpose: they should be temporary and the exception.

Competitions for judges, prosecutors and investigators must be held on time, and the selection rules will be stricter. The changes also include professional support for magistrates, protection from improper influence, and oversight. The ministry wants them to end the practice of permanent tenure.

The draft also creates a prosecutor's administration that would be independent in how it is organised. It would investigate crimes by the prosecutor general or a deputy. The ministry says this would mean no post is out of reach of the law, and other cases would not be affected.

Of the OECD's 25 working bodies, 18 have finished their reviews of Bulgaria, foreign minister Velislava Petrova said in early June.

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