Jeleva made no violation: Bulgarian Ministry of Justice report - EXCLUSIVE

Leaked document shows that according to law Jeleva is innocent of allegations

15 January 2010 - Issue : 869

A document acquired by New Europe which carries the signature of Lyudmila Petrova, Bulgaria's Deputy Minister of Justice, shows Commissioner-designate Rumiana Jeleva did not make any violations regarding her declarations to the Bulgarian authorities or the European Parliament. The legal matter, which the Minister has concluded with her report, lies in that the under which she would be liable was enacted after she held the offices in question. Bulgarian Prime Minister Boyko Borisov is expected to announce the findings of the Ministry of Justice later today, but it may be that the political damage already incurred by Jeleva is enough to expect her resignation. Yesterday Borisov hinted that her removal was indeed a possibility.Despite the clearing of Jeleva's name, her unconvincing performance in the European Parliament's hearings is still an issue which is of concern to Borisov and may have further impact on her case.

The original version in Bulgarian can be found here. Hereafter follows a rough English version translated through Google translate until an official translated copy can be aquired. More documents on the matter can be found here.

English (Google Translation):

OPINION

THE MINISTRY OF JUSTICE

Criticizes RELATING TO CONFLICT OF INTEREST IN HEARING OF MRS RUMYANA ZHELEV AS CANDIDATE FOR COMMISSIONER TO THE EUROPEAN PARLIAMENT on 12 January 2010

Facts

Company Global Consult Ltd. with headquarters and headquarters Burgas "Democracy" № 82, ent.1, 1st floor is registered with the decision of 16.11.1998 on the company file № 3475/1998 on the inventory of Burgas district court with subject of activity: legal and accounting advice and services, advice on privatization transactions, marketing and market research, tax and financial advice, advice on investment policy of companies and others. The company's capital from BGN 5000 and establishes no time limit. Owner and manager of the company Rumyana Ruseva Zhelev.

Rumyana Geleva be in office as a member of the European Parliament on 23.05.2007, the date of assuming office has submitted a declaration to the Court under the Law on Publicity of property of persons occupying high state positions registered with entr. № V792 / on 05/08/2007 This declaration has indicated 100% ownership of the company's Global Consulting Group Ltd. with headquarters and headquarters Burgas / wrongly written LIMITED.

For the period 01.01.2007 - 31.12.2007, as a member of the European Parliament, Rumyana Geleva declaration was submitted to the Law on Publicity of property of persons occupying high state positions registered in the Court of entrance. № G3956/30.04.2008 in this statement is again reflect their ownership in the company Global Consult Ltd. Burgas.

For the period 01.01.2008 - 31.12.2008, as a member of the European Parliament, Rumyana Geleva declaration was submitted to the Law on Publicity of property of persons occupying high state positions registered in the Court of entrance. № G3494/30.04.2009 in this statement does not reflect ownership of the company's Global Consult Ltd. Burgas, since the property has already been declared and there was no change in circumstances for the period.Under Article 41, paragraph 4 of the Law on Publicity of property of persons occupying high state positions (para 4-new - SG. 38 of 2004, suppl. - SG. 94 of 2008 . with effect from 01.01.2009), when there was no change in circumstances, subject to declaration under Art. 3, do not make a declaration under para. 1, item 2, which shall be notified in writing the President of the Court within 30 April of that year.

On 09.04.2009, with written contracts with the notarization of signatures Rumyana Geleva transferred ownership of the company of two other persons - Iveta Kirilova Nedelchev Koleva and Svetoslav Donev. The change in ownership is recorded in the commercial register of the Registry Agency of April 22, 2009

By decision of the National Assembly July 27, 2009 Rumyana Geleva was elected Minister of Foreign Affairs of the Republic of Bulgaria.

On 30.07.2009, in his capacity as Minister of Foreign Affairs, has submitted Rumyana Geleva Declaration on Article 12, item 2 in conjunction with Article 14 of the Law on preventing and detecting conflicts of interest, which indicated ownership of Global Consult Ltd. Burgas in the "participation in the companies 12 months before taking up his duties.", which has fulfilled the requirements of law.

Concludes

Under Article 2 of the Law on Election of Members of Parliament of the Republic of Bulgaria status of Member of Parliament is incompatible with:

1. MP in the national parliament;

2. member of state government - State of the Union;

3. member of the Commission of European Communities;

4. Judge Advocate General or Registrar of the Court of Justice, respectively, of the Court of Justice;

5. member of the Executive Board of the European Central Bank;

6. member of the Court of Justice;

7. European Ombudsman;

8. member of the Economic and Social Committee of the European Community and the European Atomic Energy Community;

9. member of committees or other bodies established under the Treaties establishing the European Community and the European Atomic Energy Community, in order to manage the funds of the European Communities or to perform a regular administrative duties;

10. member of the Board of Directors, the Management Committee or employee of the European Investment Bank;

11. agent or employee of the institution of the European Communities or other specialized units to the European Communities or the European Investment Bank;

12. performance of other services or activities which the law is incompatible with that of MP.

Carry on business as a dealer can be considered as incompatible to the position of Member of Parliament only to the provisions of Article 2, t.12 by law, in which the prohibition to carry out certain activities of MPs in Parliament is a national ban to perform the same activities by individuals, members of the European Parliament. Incompatibility as a legal concept is kind of restriction on tenure or activities of persons designated by statute, which prevents the possibility of external influence on them. In addition to the provisions of the Constitution of the Republic of Bulgaria, governing the legal status of MPs, members of the Council of Ministers and judges of the Constitutional Court, the Institute of incompatibility is reproduced in the rules of some special laws.

Under Article 68, paragraph 1 of the Constitution of the Republic of Bulgaria MPs can not perform any other public office or to perform any activity which the law is incompatible with that of MP.

The Bulgarian legal system, however, there is no provision by law to provide for restriction on the simultaneous pursuit of business and act as national representative. Such restriction exists only by virtue of the National Assembly passed regulations governing the internal organization and operation of the National Assembly. According chl.118, paragraph 2 of the Rules of Organization and Procedure of the National Assembly / effect from 27.07.2009, the / MP will be entitled to participate in management or supervisory bodies of commercial companies and cooperatives. Norm with similar content have existed in the repealed Rules of Organization and Procedure of the National Assembly in force for the duration of 25.08.2005 until 27.07.2009, the

Under Art.73 of the Constitution of the Republic of Bulgaria, organization and activities of the National Assembly shall be conducted on the basis of the Constitution and Rules adopted by it. In the explicit rules of the Constitution, the acts which it adopts the National Assembly, are laws, resolutions, declarations and addresses so that it can be done equivalence between different legal acts of nature, such as law and regulations, and to assume that normativeprovisions imposing restrictions on MPs under the rules of the National Assembly shall also apply to members of the European Parliament elected in the Republic of Bulgaria.

By adopting the Law on the prevention and detection of a conflict of interest (in force since 01.01.2009 d, publ. Gazette br.94 of October 31, 2008) establishes a norm of 5, which establishes a general prohibition for persons holding public office (including MPs are with the status of which can match the status of member of Parliament). Under Article 5 of the Law on preventing and detecting conflicts of interest, a person holding public office may not hold another position or perform an activity under the Constitution or special law was incompatible with his position.

Given that there is no relevant constitutional rule or norm of a special law for the period during which it has been a member of the European Parliament, Rumyana Geleva not been in a situation of incompatibility in relation to the position of a national representative in the national legislation in breach of the general prohibition of Art .5 of the Law on preventing and detecting conflicts of interest.

In the known facts no evidence of conflict of interest, introducing a specific prohibition on public officials as provided in the special provisions of Article 6-11 of the Law on preventing and detecting conflicts of interest.

As a member of the European Parliament Ms. Geleva Rumyana was not required to file declarations under the Law on Publicity of property of persons occupying high state positions, but to disclose his assets. As Article 1 of the Act provides, subject to this Act is to create a public registry and declaration of assets, income and expenses of persons occupying high state positions in Bulgaria. The office of Rumyana Geleva is not among those referred to in Article 2, Paragraph 1 posts, which declared state property.

In conclusion it may be concluded that no violations of the special legislation of the Republic of Bulgaria in terms of incompatibility and conflict of interest made by Foreign Minister Ms. Rumyana Zhelev.

Deputy Minister of Justice:

Lyudmila Petrova