New anti-corruption concept and challenges before the Bulgarian legal system

Authors

DOI:

https://doi.org/10.5281/zenodo.10546469

Keywords:

legal certainty, anti-corruption, legal system, public institutions, legislation

Abstract

Corruption is a very serious danger for any civilized society, democratic state, and legal subjects as a whole. The biggest threat is in its feature to vitiate normal functioning of public institutions – mostly the legislative, executive and judicial bodies.

The EU legal framework on combating corruption is well organized and creates a strong base for the national legal systems of the member states to take appropriate measures in this field, with regard of national legal traditions and particularity.

However, the transformations in the world in the last few years call for the need for a new legal framework in the area of anti-corruption. There is Proposal for a Directive of the European Parliament and of the Council in this regard. This is precisely why it is important for the legal certainty already at the preparatory stage to mark the challenges before the Bulgarian legal system, when the Directive will be adopted and the transposition period in national legislation will occur.

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References

Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, Official Journal of the European Union, C 202, 7 June 2016, Available from : https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2016:202:TOC.

Criminal Code, Promulgated. State Gazette. № 26 of April 26, 1968, in force of May 1, 1968, available at Lex.bg – the Bulgarian Legal Gate, Available from : https://lex.bg/laws/ldoc/1589654529, accessed 16th July, 2023.

Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, Official Journal of the European Union, Available from : https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019L1937, accessed 16th July, 2023.

Law on Combating Corruption and for Confiscation of Illegally Acquired Property, Promulgated. State Gazette. № 7 of January 19, 2018, available at Lex.bg – the Bulgarian Legal Gate, Available from : https://lex.bg/bg/laws/ldoc/2137180227, accessed 16th July, 2023.

Law on Protection of Persons Signaling or Publicly Disclosing Information regarding Breaches, State Gazette, Official release of the Republic of Bulgaria, № 11 of February 2, 2023, Available from : https://dv.parliament.bg/DVWeb/showMaterialDV.jsp?idMat=185482.

Mladenov, M. Abuse of Power, (in Bulgarian), Journal Society and Law, ISSN 0204-85-23 – edition of Association of Lawyers in Bulgaria, Issue 4/2021, p.p. 67-86. Available from : https://www.sub.bg/

Mladenov, M. Risks of Alteration of Law on Protection of Persons Signaling or Publicly Disclosing Information regarding Breaches (in Bulgarian), Journal Society and Law, ISSN 0204-85-23 – edition of Association of Lawyers in Bulgaria, Issue 4/2023, p.p. 33-64. Available from : https://www.sub.bg/

Proposal for a Directive of the European Parliament and the Concil on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council, COM/2023/234 final, Official Journal of the European Union, 3 May 2023, Available from : https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2023%3A234%3AFIN, accessed 16th July, 2023.

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Published

31-12-2023

How to Cite

Mladenov , M. (2023). New anti-corruption concept and challenges before the Bulgarian legal system. Politics & Security, 7(4), 14–20. https://doi.org/10.5281/zenodo.10546469

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Section

LAW