South East European Studies Research Papers (original) (raw)

Bulgaria's persistent disregard for the rule of law has entrenched systemic violations of human rights, undermined democratic institutions, and inflicted significant socioeconomic harm. Despite its obligations as a European Union (EU) member state, Bulgaria continues to exhibit a lack of commitment to upholding legal standards, resulting in widespread corruption, compromised judicial independence, and erosion of public trust.

The High Cost of Injustice

Systemic Rule of Law Failures and Human Rights Abuses in Bulgaria: The Hidden Crisis at Europe's Edge

Executive Summary
Bulgaria's persistent disregard for the rule of law has entrenched systemic violations of human rights, undermined democratic institutions, and inflicted significant socio-economic harm. Despite its obligations as a European Union (EU) member state, Bulgaria continues to exhibit a lack of commitment to upholding legal standards, resulting in widespread corruption, compromised judicial independence, and erosion of public trust.

1. Bulgaria: The EU's Most Litigated Member State
Bulgaria holds the unenviable distinction of being the most frequently sued country in Europe before the European Court of Human Rights (ECHR). This status stems from systemic deficiencies in its legislative and judicial frameworks, leading to numerous violations of citizens' rights.

2. Judicial Independence Under Siege
The Bulgarian judiciary suffers from excessive politicization and lack of autonomy. The Supreme Judicial Council (SJC), responsible for judicial appointments and oversight, is heavily influenced by political actors, compromising its impartiality. Furthermore, the Prosecutor General wields disproportionate power without adequate checks and balances, fostering an environment where prosecutorial decisions can be manipulated for political ends. VerfassungsblogEuropean Commission

3. Suppression of Media Freedom
Bulgaria ranks among the lowest in the EU for media freedom. Journalists face intimidation, legal harassment, and economic pressure, leading to self-censorship and a lack of investigative reporting. This suppression of the press undermines transparency and accountability, allowing corruption and abuse of power to flourish unchecked. Reuters

4. Concealment of Traffic Accident Data and the Criminalization of Property Rights
In recent years, Bulgaria has witnessed a troubling phenomenon: the systematic concealment of traffic accident data by public institutions, paired with an aggressive and potentially unconstitutional policy of vehicle confiscation. Despite the state's narrative emphasizing road safety and DUI prevention, official statistics from the National Statistical Institute (NSI) (source) reveal a different reality.
According to NSI data:
The percentage of fatal car accidents involving alcohol or drug use is disproportionately low, representing less than 0.4% of the total number of accidents with fatalities.

Meanwhile, the leading factors remain poor road conditions, lack of proper signage, unlit and deteriorating infrastructure, and unaddressed black spots, many of which have been previously funded by EU grants.

This directly contradicts the narrative promoted by Bulgarian authorities and media, which heavily emphasizes DUI as the dominant cause of road deaths—a position used to justify the sweeping confiscation of private vehicles.
Media Silence and Government Obfuscation
Despite repeated calls for transparency, the Bulgarian government and mainstream media have remained largely silent on this discrepancy. No public debate has been held on why tens of millions in EU infrastructure funds have yielded some of the worst road quality in the EU, with surface degradation, unsafe junctions, and near-zero enforcement of maintenance contracts. According to European Commission benchmarks, Bulgaria's road quality is ranked below that of several third-world countries—a fact never addressed by national authorities.

The Road Mafia’s Hidden Influence
As previously documented, Bulgaria’s so-called “road mafia” continues to operate with impunity—enabled by collusion between business interests and high-ranking public officials. Rather than investing in durable and safe infrastructure, many public tenders have been awarded to politically connected companies that use low-grade materials, cut corners, and inflate prices, leading to tragic accidents and lost lives.
Yet rather than being investigated or prosecuted, these networks are protected, and the state focuses its efforts on punishing ordinary citizens—especially low-income drivers—whose vehicles are expropriated with little to no due process.

The concealment of accident data, paired with the misuse of penal law for vehicle confiscation, reflects a broader collapse in the rule of law in Bulgaria. State institutions no longer serve to protect the citizen—but to extract from them, all while failing to deliver basic public goods like safe roads and transparent governance. The European Union must not turn a blind eye to these abuses, especially when EU funds are being misused to persecute rather than protect the people.

5. Violations of Property Rights
The Criminalization of Property Rights
Over the past two years, there has been a disturbing trend of property rights violations in Bulgaria. Citizens have been coerced into relinquishing their properties through intimidation, legal manipulation, and bureaucratic obstruction. Bulgarian and EU State institutions have remained silent or complicit, failing to protect individuals from these abuses. This erosion of property rights contravenes both national constitutional guarantees and international human rights obligations.
In place of accountability for poor infrastructure or missing funds, the state has shifted the burden onto individual citizens. Through dubious amendments to the Penal Code and secondary legislation, thousands of citizens have been subjected to the forced seizure of their personal vehicles, even in cases where the driver was not the owner. Families have been forced to sell cars, close businesses, and endure harassment by multiple government institutions—including the National Revenue Agency (NAP), municipal administrations, and traffic police—under the guise of public safety.
These abuses constitute a clear violation of the right to property, presumption of innocence, and proportionality of punishment, all protected under the EU Charter of Fundamental Rights, the European Convention on Human Rights, and Bulgaria’s own Constitution.

6. The "Road Mafia" and Economic Repression
Over the past 15 years, Bulgaria's infrastructure and transportation sectors have been plagued by systemic corruption, often referred to as the activities of the "road mafia." This term encapsulates the network of corrupt officials, business entities, and political figures who have exploited public procurement processes for personal gain, leading to significant economic repression.
The European Public Prosecutor's Office (EPPO) has been actively investigating numerous cases of alleged embezzlement and misuse of EU funds allocated for infrastructure development in Bulgaria. Notably, the EPPO has launched probes into projects such as the Zheleznitsa Road Tunnel, the country's most expensive infrastructure endeavor, amid suspicions of financial discrepancies amounting to millions of euros .The Sofia Globe+9OCCRP+9China-CEE Institute+9kinsights.capital.bg+1The Sofia Globe+1
In a significant development, former Prime Minister Boyko Borissov was detained in March 2022 as part of a police operation linked to EPPO investigations into the misuse of EU funds. Alongside Borissov, other high-ranking officials, including former Finance Minister Vladislav Goranov, were also detained. These detentions underscore the depth of the alleged corruption permeating Bulgaria's political and economic systems .Reuters+2RadioFreeEurope/RadioLiberty+2POLITICO+2Wikipedia+4Reuters+4RadioFreeEurope/RadioLiberty+4
The pervasive corruption in infrastructure projects has not only led to the misallocation of substantial EU funds but has also stifled legitimate business operations and eroded public trust in state institutions. The manipulation of public tenders, intimidation of competitors, and extortion have become alarmingly commonplace, deterring foreign investment and hindering economic growth.
Furthermore, the lack of accountability and transparency has allowed these corrupt practices to persist, with state institutions often turning a blind eye or being complicit in the malfeasance. This environment of impunity has facilitated the entrenchment of the "road mafia," enabling them to operate with minimal resistance and continue siphoning public funds meant for the country's development.

7. Institutional Apathy and Lack of Accountability
Despite mounting evidence of systemic abuses, Bulgarian institutions have demonstrated a persistent lack of will to investigate and address these issues. Whistleblowers and civil society organizations face retaliation, while perpetrators enjoy impunity. This institutional apathy perpetuates a cycle of corruption and undermines the rule of law.

Recommendations
Judicial Reform: Implement measures to ensure the independence and impartiality of the judiciary, including restructuring the SJC and establishing effective oversight mechanisms for the Prosecutor General's office.Verfassungsblog+1European Commission+1

Media Freedom: Protect journalists from harassment and ensure a pluralistic media environment through legislative safeguards and support for independent outlets.

Transparency in Data Reporting: Mandate the accurate and timely publication of traffic accident data and other public safety information to facilitate informed policymaking and public awareness.

Protection of Property Rights: Strengthen legal protections for property owners and establish mechanisms to investigate and redress coercive property seizures.theguardian.com

Combatting Corru...