OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of
Bulgaria
reflect diverse societal groups (e.g., non-governmental organizations, universities,
trade unions, concerned social and professional organizations). This commission
would select a pool of candidates who would then be proposed for election by the
National Assembly. To ensure an inclusive process, the legal drafters should also
consult with various stakeholders, including civil society, when determining the
most appropriate procedures for this purpose.40
26.
Ensuring the appointment of a qualified and independent Ombudsman also depends on
the selection criteria established in the Ombudsman Act. Currently, Article 9 of the
Ombudsman Act stipulates that the Ombudsman “shall be a Bulgarian citizen with
higher education, who possesses high moral qualities and meets the requirements for
election of a national representative”. Article 65 of the Bulgarian Constitution notes that
“any Bulgarian citizen who does not hold another citizenship, is above the age of 21, is
not under a judicial interdiction, and is not serving a prison sentence” is eligible for
election to the National Assembly. In order to enhance the effectiveness of the
NHRI, it is recommended that the selection criteria for the Ombudsman, at a
minimum, also include demonstrated prior experience in the area of human
rights. 41 In order to enhance gender equality, the National Assembly may consider
electing men and women on an alternate basis to serve as Ombudsman. 42 Another
option would be to amend the Ombudsman Act to state that the Deputy Ombudsman
and the Ombudsman should be of a different gender.43
27.
Finally, with regard to the SCA’s recommendation to publicize vacancies, there are a
number of approaches taken by other OSCE participating States that the Bulgarian
legislator could draw on. For example, a public call for applications could be
published,44 e.g. in written or electronic media.45 The selection criteria for the position
could also be published on the website of the National Assembly.46
40
41
42
43
44
45
See e.g. OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of Iceland, 6
February 2017, pars 46-47, available at http://www.legislationline.org/documents/id/20241; and Venice Commission,
Opinion on the draft Constitutional Law on the Human Rights Defender, adopted by the Venice Commission at its 109th
Session
(Venice,
9-10
December
2016),
pars
32-33,
available
at
http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2016)033-e.
See e.g. UNDP-OHCHR Toolkit, op. cit. footnote 4, page 269.
ibid. page 253; see also OHCHR, National Human Rights Institutions - History, Principles, Roles and Responsibilities
(2010), page 39, available at http://www.ohchr.org/Documents/Publications/PTS-4Rev1-NHRI_en.pdf.
This is e.g. the practice in Kosovo*, where Article 10 par 5 of Law No. 05/L -019 on Ombudsperson states: “During
election procedure of candidates for deputy Ombudspersons, ethnic and gender representation must be ensured. At least
one of the deputy Ombudspersons should be a member of non-majority communities in Kosovo, and from the gender that
differs from that of the Ombudsperson.; available at http://www.theioi.org/downloads/dvnpv/LAW_NO._05_L019_ON_OMBUDSPERSON.pdf; [*OSCE disclaimer: “Any reference to Kosovo, whether to the territory, its
institutions, or population, is to be understood in full compliance with United Nations Security Council Resolution
1244”].
The Ombudsman Act of Croatia states in Article 10 par 2: “At the latest six months before the expiry of the Ombudsman
mandate, or no later than 30 days after the termination of office due to other reasons, the Croatian Parliament shall
publish a public call to propose the candidates for Ombudsman”; Article 12 par. 2 of the same Act reads “The deputy
Ombudsman shall be elected by the Croatian Parliament for a term of eight years, with the possibility of reappointment.
The Ombudsman shall propose candidates for his/her deputies to the Croatian Parliament within 30 days after the
termination of a public call for application”; see Ombudsman’s Act (2012) available at
http://www.legislationline.org/download/action/download/id/4349/file/Croatia_Law_Ombudsman_2012_en.pdf; Article
3 of the Belgian Ombudsman Act states: “The ombudsmen are appointed by the House of Representatives (lower house
of parliament) for a term of six years, after an open invitation to candidates to apply; see Belgium Federal Ombudsmen
Act
(as
last
amended
2007)
available
at
http://www.theioi.org/downloads/7muur/The%20Federal%20Ombudsmen%20Act.pdf.
Article 8 par 3 of the Law on the Ombudsperson of Kosovo* stipulates: “The Assembly of the Republic Kosovo
publishes the competition for election of Ombudsperson, in written and electronic media”; Kosovo* Law No. 05/L -019
on
Ombudsperson
available
at
http://www.theioi.org/downloads/dvnpv/LAW_NO._05_L-
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