A Cautionary Tale of Post-Communist Judicial Empowerment

This article aims to curb the enthusiasm for post-Communist judicial empowerment by showing that sometimes a powerful judiciary can threaten the rule of law. It argues that the powerful Bulgarian Constitutional Court promotes conflict between the executive and the ordinary judiciary. The “war of institutions” has made Bulgaria the poster child for failed judicial reforms among new European Union members. Bulgaria’s experience should serve as a cautionary tale for EU candidate countries and show that strengthening the judiciary is not a panacea.