Judicial expertise in Bulgaria and the EU countries / civil process /

The input of the proposal is the understanding that for reformation of the judicial system should be implemented a systematic scientific approach, ie a proportional execution of improvements in each of its elements is necessary for its efficient functioning. The judicial expertise is accepted as inherently necessary component of the judicial system. The proposal envisages the elaboration of a detailed analysis of the structural elements and functional connections of the relations that arise in the assignment and implementation of expertise. In order to fulfil this objective, it is necessary to conduct a study of statistical and other publicly available information from various sources on judicial expertise and judicial experts. A subject of study and analysis will be the effective legislative regulation – previously and presently functioning - of implementation of both judicial and arbitration expertise. (de lege lata) An analysis of publications by various authors on the issues of judicial expertise will also be included. As part of this project proposal is also envisaged a comparative analysis of the practices for commissioning and implementing of judicial expertises in Bulgaria compared to good practices in the EU countries. The results of the project implementation will outline the main problem areas and the approaches to overcome the identified weaknesses, discrepancies and contradictions. (de lege ferenda) The synthesis of results will describe the general conceptual framework for improving judicial expertise with an impact on justice and raising public trust in the Bulgarian judicial system. A particular contribution to the project proposal is most likely to be expected from the implementation of the "audi alteram partem" approach - by taking into account the views of judicial experts from different scientific fields and their non-profit associations, whose views will be interpreted as a corrective both for optimization and a future development.

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