Bulgarian National Radio programme dedicated to the ISL

Here you can listen to the full interview:

https://bnr.bg/hristobotev/post/101663581

What is the role of the Institute for the State and the Law at the Bulgarian Academy of Sciences as a research centre? Does law help to regulate political issues, social policy and the economy? How can trust in the administration of justice be increased? The fight against corruption – alternatives and challenges.

These topics were commented on in the programme "The Law and Themis" by Prof. Irena Ilieva, Director of the Institute for the State and the Law at the Bulgarian Academy of Sciences, Chair of the Budget Committee of the EU Agency for Fundamental Rights, and Member of the Bureau of the European Commission against Racism and Intolerance of the Council of Europe.

Activity, role and place of the Institute for the State and the Law (ISL) as a research centre

"The Institute is a scientific centre of established prestige. The research carried out in it is of particular importance for the development of legal science in Bulgaria. The Institute employs 34 scholars, 16 of whom hold habilitated academic positions. The ISL is structured in four departments: the Department of Public Law, the Department of Civil Law, the Department of Criminal Law and the Department of International Law. At present, the ISL is working on the following collective projects: Legal Problems of Artificial Intelligence; Synergy in Eurasian Connectivity Projects; Suretyship and Other Forms of Personal Security; Examination of Commercial Disputes in Judicial and Arbitration Proceedings in the Republic of Bulgaria; State Power; Trends in the Development of Bulgarian Criminal Legislation; Basic Principles of Private Law and the Effectiveness of Their Application; Current Problems of Private International Law in the EU; and the project "Justice – Theory and Empirics".

The subject matter of the collective projects addresses particularly topical problems, such as the legal regulation of artificial intelligence, which is currently taking shape in the EU; questions of state power and the constitutional arrangements of the Republic of Bulgaria, Bulgarian criminal legislation, and civil law, including commercial disputes in judicial and arbitration proceedings; and problems of public and private international law. Of particular importance is also the revival at the ISL of research into fundamental theoretical problems of law (within the project "Justice – Theory and Empirics").

Does law help to regulate political issues, social policy and the economy?

"Unfortunately, it is rather politics that determines what the legal regulation will be. But if we place the problem in a broader context, there are basic principles of law which set the macro-framework for the regulation of social relations and which must not be violated or overstepped: the rule of law, democracy, the protection of human rights and fundamental freedoms, and social justice. Unfortunately, the expertise and potential of the ISL are not used to the full by the National Assembly, the Council of Ministers, ministries and other central authorities, or by local government. Unfortunately, law follows politics."

The training of doctoral students

"We have nine accredited doctoral programmes, covering almost all areas of legal scholarship – private international law, legal sociology, criminal procedure, administrative law and procedure, civil and family law, international law and international relations, business and commercial law, and two new ones – in labour law and social security law, and in civil procedure."

Judicial reform

"It should be reformed very carefully, because both law and judicial proceedings are inherently conservative. Every reform must be very careful and well considered, with consultation of the magistrates. This is something that must be done in every reform. Judicial reform is something that everyone talks about and that does not happen. Personally, I believe that the abolition of the specialised justice system was a mistake. We should look at and assess what is happening in our judicial system more broadly."

How can trust in the administration of justice be increased?

"The quality of justice depends directly on the quality of legal education and the training of magistrates. Many of the scholars at the Institute are engaged in teaching at the country's law faculties. On the other hand, trust in the administration of justice depends on citizens' legal awareness. On the whole, legal awareness in Bulgaria is low... Thirdly, there is the importance of the media. Without highly professional media that report objectively on processes in the judiciary and in lawmaking, there will be no increased trust. That is, a complex synergy between education, the judicial system itself and the media."

Hate speech in the rhetoric of politicians in Bulgaria

"For years I have argued that hate speech should be criminalised. Unfortunately, the language of hatred has become the norm in the political life of Bulgaria. Bulgarian citizens no longer even notice accusations of "mafia", "corruption", "national traitor"... all kinds of insults are poured out from the parliamentary rostrum, in the media, on social media...

I was very unfavourably impressed by the use yesterday of a flag that is not the national flag. We have strict regulation of the national flag in the State Seal and National Flag Act, published in State Gazette No. 47 of 24 April 1998. There needs to be broader education, and from the earliest age – so that these symbols of statehood are known – by whom and when they are used."

The fight against corruption – alternatives and challenges

"Corruption has existed since the most ancient times and will always exist. The fight against corruption means limiting it within bounds that do not substantially affect the economy, social life and the rights of citizens. There are examples of successful anti-corruption efforts. The Institute also made a contribution as early as 2008–2009. We carried out a large-scale project at that time – among the many training courses, we had a module on the prevention of and fight against corruption. We trained central, municipal and regional administration. Let us not forget that the legal concept is bribery. All lawyers know that bribery is a crime that is very difficult to uncover. It is a complex issue that requires comprehensive support from society."