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Justice ministry proposes end to open-ended secondments for judges and prosecutors

16.10.2026

A draft from the Ministry of Justice sets rules for sending judges, prosecutors and investigating magistrates to work elsewhere. It also tightens the competitions for posts.

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Bulgaria's justice ministry has published for public comment changes to the Judicial System Act that would end open-ended secondments of magistrates and tighten the rules for competitions to fill posts.

The draft covers judges, prosecutors and investigators. Secondments would again be temporary and exceptional, with a clear maximum total term. Time spent on secondments to different bodies would be added together.

A magistrate could not be seconded if their last performance appraisal was below "very good" or if they have less than five years in their current post.

Posts would be filled through competitions, which would have to be held on time and use stricter selection criteria. The ministry also proposes steps to support magistrates professionally and protect them from improper influence. It says these would end the practice of magistrates staying in post without review.

A prosecutor with an organisationally independent administration would investigate crimes by the prosecutor general or a deputy. The ministry says this would mean the two posts are no longer practically untouchable, and their holders could not influence other cases.

The ministry says it wants a justice system that is more independent, open and fair. It says stronger competitions, limited secondments, effective oversight and protection from improper influence would guarantee the independence of judges, prosecutors and investigators.

The changes follow recommendations from the Organisation for Economic Co-operation and Development (OECD) and the European Commission. In early June, foreign minister Velislava Petrova said Bulgaria had completed reviews in 18 of the OECD's 25 working bodies.

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