ИЗГРАЖДАНЕ НА ДОВЕРИЕ В СЪДЕБНАТА СИСТЕМА В БЪЛГАРИЯ – ПРОБЛЕМЪТ С ПРАВНИЯ АКТИВИЗЪМ
BUILDING TRUST IN THE JUSTICE SYSTEM OF BULGARIA – THE PROBLEM WITH THE JUDICIAL ACTIVISM

Summary/Abstract: According to the 2020 Rule of Law Report prepared by the European Commission the level of perceived judicial independence in Bulgaria is low, as only 37% of the general public consider it to be sufficiently independent. This result is not isolated and is comparable with the result of similar reports showing that the majority of the society members do not share the understanding of the judges of what is justice and how it should be administered. This study seeks some of the causes of this gap by reviewing judges’ behavior in their capacity of an organ of power. One of the more significant conclusions is that the justice system is ineffective because it lacks the institute of the constitutional complaint, but this shortcoming is explicable given the pains of the society as a whole to assimilate the value of the Rule of Law paradigm.

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