rule of law

The article argues that Bulgaria is experiencing a negative transformation, a transition from post-communism to post-democracy expressed in the transition from corruption to endemic corruption and state capture. The aim of the article is twofold: on the one hand, to analyze the current hot political debate on the rule of law, on the other hand, to conceptualize in an innovative and original way the political transformations that make predictable and inevitable giant corruption scandals like Magnitsky, Pandora’s files. The first introduces the author’s concept of the transition from post-communism to post-democracy, which articulates three different transformations in post-communist development, each defining the rule of law differently. The second part considers the civil mobilizations against the corruption model as an expression and catalyst for the formation of active and contestant citizenship. The third part analyses the three-pole model of the state capture, as well as the coalition for political change.

The article focuses on three dimensions of the issues related to the rule of law and the judicial system reform in the context of the presidential elections in Bulgaria in 2016: the formulation of a clear vision for future development of the judicial reform and strengthening of the rule of law in the candidate’s manifestos, the level of participation of candidates in the political and civic debate on the issues and the type of commitments expressed during the campaign. Thus the article aims to formulate a typology of campaign related positions on the basis of two dimensions – political profile of candidate and their distance to bringing the issues as priorities of the presidential institution.