BAWJ

The profession

Challenges Facing the Profession

BAWJ encourages discussion on current challenges regarding the safeguarding and guarantees of judicial independence, the digitalization of the justice system, the impact of legal technology, emotional intelligence and empathy, workload, demotivation and burnout, and work-life balance.

Let us talk about these issues and consider how to address them. The floor is yours, colleagues!

Here is a starting point and a perspective on some of these challenges, drawing on my experience as the administrator of the BAWJ website and as a criminal court judge with 33 years of practice. I cannot be brief, but I will be sincere and open about my feelings.

To be a judge in 21st-century Bulgaria, it is not enough simply to have qualified for the profession, to have navigated various competitive selection processes, to have taken the oath, to continuously expand one’s knowledge, to read thousands of pages daily, to focus intently on drafting rulings, and to work on weekends. Here and now, we face a multitude of challenges. We are expected, among other things, to: master a vast array of national and binding EU legal acts relevant to adjudication, as well as the case law of both Bulgarian and European courts; act as leaders; possess multidisciplinary expertise; and maintain the patience, resilience, and intellectual stamina required for courtroom work—sometimes lasting ten hours in a single hearing. We must question crime victims without re-victimizing them; acknowledge the pain and suffering of the victims' loved ones while holding back our own tears when everyone else in the courtroom is weeping. We must sift through bags of blood-stained physical evidence and scrutinize every detail; piece together and reconcile the testimonies of witnesses who constantly change their stories; and evaluate expert findings from highly qualified specialists with academic degrees that flatly contradict earlier conclusions drawn by equally competent experts. We must grasp the significance of a single second in the context of the irreversible consequences of severe traffic accidents. We work on cases where fingerprints have not even been collected, simply because experts lack the necessary materials or adequate training. We look with envy at colleagues in other European countries—where the judicial budget is not consumed solely by magistrates' salaries, and where they possess modern technological tools to photograph, collect, recover, analyze, and conclusively establish facts that are decisive for the case. We must sift through the arguments raised during the parties' lengthy closing statements. We look into the eyes of defendants who, in their final statements, often say: "If I were in this situation now, I would never have done that." Everyone in the courtroom expects justice from the court. Yet, that concept holds vastly different meanings for the prosecutor, private accusers, legal representatives, defense counsel, and the defendants. And when, after lengthy deliberations, the court delivers its verdict, justice has indeed been served—yet very rarely do the parties, the people in the courtroom, or the public perceive it as true Justice. In some instances, anger, pain, and prejudice against the court accompany criminal proceedings throughout their course, but these feelings intensify sharply once the final judgment is pronounced. The hatred, personal attacks, and threats directed at certain judges—as well as their children and loved ones—often go beyond media appearances, social media comments, or complaints filed with the Supreme Judicial Council (SJC), the Inspectorate, and ethics commissions; they directly impact the judge's personal and family life. Judges are left to find their own ways of coping with the immense pressure, the insults, and even their own fear. When such a situation arises, an institutional response is essential—specifically, immediate and adequate measures to protect the judge and their family—yet currently, no such measures exist. I urge the new composition of the SJC to make this issue a priority in order to safeguard a vital asset within the system: the individual judge and their freedom to administer justice fairly.

Angelina Lazarova, Judge at the Varna Appellate Court

Member of the Management Board of the BAWJ