| Volume 10 Number 4 |
Fall 2001 |
Feature: A Symposium on Bulgaria
The Path of Bulgarian
Economic Reform
Krassen Stanchev
The history of economic reform in postcommunist Bulgaria demonstrates that overused analytical dichotomies-left/right, Keynesian/ Friedmanite, and the like-confuse rather than illuminate the nature of actual policies. As a rule, the phrase "leftist policies" is used to denote forms of intervention best described by C.-F. Bastiat: higher taxes, restricted freedom of contract, granting more rights to labor, and an increased role for government mediation. In Bulgaria, however, both leftist and rightist governments have displayed a preference for regulatory policies that are hard to pinpoint on the left-right spectrum. For Bulgarian politicians, as for politicians elsewhere in the postcommunist region, the real choice in transition policies was and still is to regulate or not to regulate, what to regulate, and how. And the major lesson of the Bulgarian economic transition is that the functioning of networks of trust and the pursuit of rents in a concrete institutional environment are factors whose significance far outweighs the role of the ideologies allegedly espoused by political actors.
Economic policy
The reforms in Bulgaria did not get under way until February 1991. Their
purported objectives were rather typical in an East European context:
financial stabilization, reduced inflation, and control over money aggregates
and budget deficits; prompt privatization of state-owned enterprises
(SOEs); fostering promarket behavior among economic actors; and effective
and coherent public governance.1 The
very words used to characterize these policy objectives seem borrowed
from such distinguished reformers as Poland.2
At the same time, though, the level of political support for meaningful
economic change was very different. In Poland the reformist program
figured prominently in the agenda of political forces, while in Bulgaria
it remained an orphan; no political party was willing to push for its
implementation.
During the first eight years of Bulgaria's postcommunist transformation,
the only approximate reform success came in 1993-94, when the government-which
included some economic experts-managed to reduce the foreign debt by
47 percent. A few months later, however, this cabinet was forced to
resign by the former communists (now renamed the Bulgarian Socialist
Party [BSP]) who soon thereafter won the general elections and formed
a new government. The backbone of their economic policy was the continued
subsidizing of the loss-making public sector. In 1995, 57 percent of
SOEs were producing losses, representing 15 percent of the GDP; two-thirds
of the total losses were created by 60 enterprises with a combined employment
of 85,000. Since the government's ability to borrow was extremely limited
(the foreign debt ballooned to 130 percent of the GDP, the economy registered
no growth, the banking system was collapsing, and hard-currency reserves
were rapidly squandered), its options were limited. Adamant about continuing
their support for the failing SOEs, the government embraced the only
solution that was available: printing more money and then using price
controls as a substitute for control of money supply in order to channel
funds in politically desirable directions.
This strategy proved to be unsustainable; by the end of 1996, Bulgaria's
financial system had disintegrated, and monthly inflation had skyrocketed
to triple-digit values (242 percent in February 1997 alone). In 1997,
there were two ways to stop the hyperinflation: either to "dollarize"
or to fix the exchange rate and restrict the government's power to issue
currency by creating a currency board. No political party supported
the former but all the major ones backed the latter. As a result, the
country switched to a currency-board regime in the summer of 1997.

The major proreform party, the Union of Democratic Forces (UDF), was believed to be the true champion of austerity measures. And its policies did, indeed, differ from the BSP's policies in at least two respects: the UDF reduced the number of controlled prices and closed loss-making enterprises. But the implementation of the first step was not really a matter of choice; it was an inevitable aftereffect of the restriction of the government's power over monetary policy. Moreover, as Table 1 indicates, it is obvious that the liberalization at the end of 1990s was less radical than that of 1991. With regard to the second step, there was again little room for maneuver. Under the circumstances, the only options were restricting the loss makers' access to credit, liquidation, and/or sale. Hardly surprisingly, privatization emerged as the most acceptable strategy, a strategy endorsed by all parties regardless of their ideological leanings. Eventually, the supposedly rightist UDF wound up implementing privatization policies designed by leftist governments.
Reform beneficiaries
Why did economic policy in Bulgaria fail to prevent a series of protracted
economic crises and to reduce the social costs of transition? In order
to answer this, one should focus first on a preliminary issue: Who are
the beneficiaries of the economic reforms as they were actually implemented
in Bulgaria in the early 1990s? The country's mode of participation
in the international economy in the 1980s is particularly important
with regard to this question. During that period, Bulgaria was in a
position to explore various rent-seeking possibilities by serving as
a mediator between East and West. And, as is the case with every rent,
a group of entrepreneurs emerged ready to capitalize on the rent opportunities.
The modus operandi was as follows. The Bulgarian government established
companies abroad to sell energy resources and recycled raw materials
(bought at subsidized COMECON prices) on the international market. The
price difference went to support communist regimes throughout the world
and buy products the West had embargoed for sale to communist countries.
The shell companies then resold these products in COMECON. (The initiative
was launched as a result of a confidential decision by the communist
government, which was coordinated with other Warsaw Pact governments
in 1984. It sanctioned the development of small and medium-sized enterprises
and of a special credit line to support their economic initiatives.)
The nature of these businesses required that they operate via subsidiaries.
The creation of these companies coincided with Bulgaria's peak accumulation
of foreign debt. Facing the disappearance of the COMECON market, the
last communist government of Bulgaria unilaterally announced a moratorium
on its foreign-debt payments, in March 1990. In 1991, the first reform
year, the Bulgarian foreign debt amounted to 150 percent of GDP and
271 percent of the exports.3
These business activities, in turn, led to the emergence of strategically
located groups of party officials with access to Western corporate and
financial know-how. During the early stages of the Bulgarian transition,
these individuals retained their power and influence. They became experts
in siphoning off funds through company networks without leaving any
trace or paper trails. As a result, the very same cadres who had been
indoctrinated to believe that capitalism is a form of theft were the
ones who quickly became Bulgaria's nouveau riche. The most salient feature
of this group was the high level of trust among its members-a feature
that sets them apart from all other groups in postcommunist society.
The fact that they could trust each other allowed them to reap numerous
benefits. For example, these cadres quickly infiltrated the fledgling
banking system, obtained access to coveted export quotas and government
contracts, set up large private business empires, and played a key role
in financing political parties and individual members of parliament.
The driving forces behind the ideas
Some of the most visible and characteristic patterns of Bulgaria's economic
policymaking may be described in the following way: overregulation of
private property and a lack of rules regulating the use of depositors'
and taxpayers' money. A comparison of the legal arrangements in the
financial sphere with the rules pertaining to private business and labor
relations in the private sector sheds light on the question of who stands
to benefit from this pattern of policymaking and why.
Private banks began to emerge in Bulgaria in 1990 and continued to mushroom
until 1993.4 It would be fair to say
that this process unfolded in a legal vacuum. There were virtually no
barriers to entry-the founders of the banks did not even have to declare
the origins of their capital, and as a result most of the new financial
institutions were started with borrowed funds. The number of private
banks increased significantly, from 2 in 1990 to 70 in 1993, consolidated
to 26 in 1995; their share of total bank assets was 3.1 percent in 1992,
22.4 percent in 1995; eventually 18 banks were closed after 1996. A
bankruptcy law was not adopted until 1994; creditor rights were never
effectively enforced; and foreclosures could last de jure at least 19
months, and de facto much longer-an absurdly long time in an inflationary
environment. These banks opted to extend credit to inner circles of
friends and often resorted to informal contract fixers, that is to say,
criminal associates. Delayed restructuring, lack of financial discipline,
and widespread soft loans, combined with attempt to stabilize the situation
through so-called measured emissions of new money, constantly transferred
costs to the general public.5 The price
of this moral hazard was estimated as 14 percent of the 1997 GDP.6
The emerging private sector
In vivid contrast to the laxity that characterized the financial sector,
entry into the nonfinancial sector was difficult, originally, because
of old communist-era regulations and attitudes, and, later, it became
increasingly difficult due to new regulations. Table 2 shows the increase
in the number of permits established by legislation in the transition
years.
This table shows that the rise in regulation and red-tape is not tied
to the ideological makeup of the government. The two most significant
increases in the number of permits (in 1995 and 1997-98) coincide with
radical changes in the government: from a loose coalition to a socialist-dominated
regime, in 1994; and from socialists to the UDF, in 1997. While the
government, since 1997, has abandoned some policies that affect the
macroeconomic environment, it has expanded its role in direct regulation
of business activities through the increased scope of licensing and
registration requirements. On various occasions, new licensing regulations
are justified as a necessary part of the process of harmonizing legislation
with the laws of the European Union. But it is obvious that, more often
than not, the likely motivation behind such policies is the interest
of administrative officials who benefit from the government's continuing
interference in private transactions (every new hurdle creates an opportunity
to demand or receive a bribe). The result is that, in 1999, the private
sector's costs of complying with government regulations amounted to
12 percent of GDP. Under these circumstances, the emergence of private
businesses as legitimate participants in public debates was also hindered.
Labor and social protection
Part of the freedom to engage in business is the freedom to use one's
own labor as a source of capital. Presumably, rightist policy ideas
would seek the reduction of a company's labor cost, while leftist ones
would aim at imposing more costs on entrepreneurs. Taxation of labor
and welfare contributions is a special case of regulation of private
business. In Bulgaria, there is clearly a trend toward ever more comprehensive
regulation throughout the entire period of transition and regardless
of the political ideology of ruling majorities.
The right column of Table 3 shows the employer's total cost to put 100
Bulgarian leva in the pocket of the worker; these costs have been rising
for nine years. The overall increase of labor costs imposed by different
governments is mainly due to the social-welfare system. Policymakers
have sought to ensure higher revenues through increasing tax (that is,
contribution) rates. The institutional outcome for the economy was the
perpetuation of incentives to plunder. Coping with prohibitive rates
of welfare contribution meant fewer and fewer legally employed workers,
and higher and higher unemployment rates over the years. Moreover, in
order to maintain informal employment, businesses were compelled to
collect more revenue through unregistered activities and thus the scope
of the gray economy was expanded. Employers and employees often come
to an agreement to seek tax-evasion schemes jointly. This constellation
of interests supports anti-rule-of-law corporate and employee behavior,
erodes public trust, and motivates the government to resort to questionable
interventions that often constitute a violation of property and privacy
rights.
The SOEs' political consensus
The prevalent policies toward SOEs in Bulgaria reflect the irresistible
appeal of arrangements that allow strategic constituencies to live at
others' expense, as well as the perverse consequences of such arrangements.
Governments have repeatedly and readily delayed the liquidation of socially
sensitive SOEs, while at the same appointing political friends and public
servants to management boards. Bankruptcy regulations were not even
applied to SOEs until 1997 in order to allow workers to keep their jobs.
Private banks were happy to fund SOEs and then, using the argument that
they serve presumably important social interests, to apply for refinancing
from the Central Bank. In the meantime, through the use of private companies
as suppliers and distributors (owned by both banks and managers of SOEs),
the profits generated by the public sector were privatized, while the
debts were dumped on the budget.

Throughout the post-1989 period, the choice of both left-
and right-leaning politicians was to leave the public sector underregulated.
Ministers acted like the sole proprietors of the SOEs; they appointed
managers and board members at their discretion; nor were there rules
regarding competition requirements, outside contracting, or the use
of venture-capital schemes. Until 1998, there were no rules about how
many boards on which public servants or legislators could sit. Six cabinets,
each with a supposedly different ideological makeup, did not touch this
system, and its negative impact reverberated throughout the entire economy.
Loss-making enterprises were finally closed in 1999-2000, but even after
that the pressure for soft loans and quasi-fiscal subsidies continued,
and important privatization deals were aborted.
Contract "enforcement"
The state's reluctance to reassert its monopoly on coercion opened a
gap in the public order, which was filled by private organizations.
Bulgarians call them "wrestlers," a general name for racketeers
and violent entrepreneurs who sell protection. The industry originated
in Bulgaria's success in wrestling and weight lifting in the 1970s and
'80s. The communist-era ministries of interior and defense managed the
best clubs. The athletes had army and police ranks and often constituted
a pool of future employees for these ministries. When the government's
sport subsidies disappeared in 1990, there was a vast supply of idle
athletes. These men and their handlers subsequently established companies
whose primary area of activity was protection of property and personal
security.
Besides guarding offices, warehouses, and individuals, the major services
these companies provided also included "motivating" parties
to accept contractual terms imposed by an initiating party, "monitoring"
the loyalty of contractors, and "convincing" people to meet
the terms of business deals. In order to increase the demand for their
services, they had to induce violence in society and create various
forms of criminal entrepreneurship from scratch. An attempt in the mid-1990s
to regulate these quasi-mafia organizations forced them to reregister
as insurance companies and to advertise themselves as "investment
businesses." (As was the case with banking, the insurance industry
enjoyed a long period of free entry and remained without any specific
regulation until April 1998, when the 1997 Insurance Act was implemented.)
An IME survey from 1996 on private-sector transaction costs found that
35 percent of private firms in big cities across the country had an
informal protection contract.8 In fact, we are dealing, here, with an
attempt to privatize the use of force in a society where law-enforcement
agencies chronically malfunction. A rational response on the part of
voters concerned about this trend has been to endorse demands for a
stronger state, which, in turn, could easily lead to the rise of intrusive,
possibly overweening, government.
Privatization
The Privatization Law (originally adopted in April 1992, and subsequently
amended 27 times) allows for a wide degree of discretion in the selection
of buyers. It can be implemented via tenders, direct negotiations, public
offerings of shares, and auctions. Institutions in charge of individual
privatization deals decide on a case-by-case basis which sale procedure
to employ. Direct negotiation is the least regulated method, yet it
is the most frequently used procedure. According to available data,
in fact, the percentage of auctions compared to the total number of
deals contracted by both the Privatization Agency and the directly involved
ministries in 1998 amounted to a mere 6 percent. It may be interesting
to contrast this figure with analogous figures that come about with
the application of open privatization procedures, as in Hungary, where
auctions account for nearly 70 percent of all the deals.9
In Bulgaria, there is a pattern apparent for bigger enterprises, where
auctions are used more frequently in privatization procedures but not
for more than 20 percent of the sales through the Privatization Agency,
while "selection of a strategic buyer"-as a technique-tends
to prevail in smaller deals conducted by ministries and principals.10
Insider dealing became even easier in 1997, when the Privatization Law
introduced a special regime for management-employee buyouts (MEBOs),
which enables teams composed of managers and workers to purchase an
enterprise if they make a 10 percent down payment and schedule payment
of the remaining 90 percent of the price over a ten-year period.
Between 1993 and 1998, MEBO sales amounted to 44.3 percent of the total
number of privatization deals. The percentage is close to Russia's record
sales to insiders and is, in large part, due to the actions of the proreform
government that came to power in 1997. Indeed, in 1998, the figure jumped:
73.4 percent of the deals involving the sale of SOEs were signed with
MEBOs (in 1999 and 2000 the percent dropped to 33 percent, partly as
a result of increasing public pressure for transparency). This system
of preferences was gradually dismantled in 2000 and 2001. The evidence
does not suggest that MEBOs thrive only under certain types of governments,
say, those led by socialists. The UDF cabinet, considered center-right
and reform-minded, also used this technique, arguing that it is a part
of the general process of scaling down the public sector. In fact, at
least in 1998, privatization sales to MEBOs was an explicit attempt
to redistribute the right to resell former SOEs to managers appointed
by the cabinet itself.
Conclusions
If we relate the policies described above to the sequence of changing
governments, it would be difficult to sustain the view that leftists
(i.e., the BSP) are led by ideas about redistribution, whereas rightists
(i.e., the UDF) are willing to launch promarket reforms. The choices
actually made by policymakers do not display a strong affinity to particular
political value systems.
The choice not to regulate sectors dealing with "other people's
money" was neither Keynesian nor Friedmanite. A leftist government
would opt for more labor protection and more rights for insiders in
the privatization process. But in Bulgaria the policies of the allegedly
right-of-center government were identical to those of the left-wingers.
Barriers to private-sector development were erected by all governments;
and, whether intentionally or not, they protected the privileges of
those who had first emerged as capitalists.
The legacies and constellations of relationships of the first transition
years have established a dubious political and institutional environment.
Perhaps this environment, and not the analysis of political ideologies,
better accounts for the substance and direction of economic policies.
The continuing domination of trust-based networks perhaps explains why
the emergence of an institutionalized legal framework and the societal
(impersonal) trust, which renders possible the emergence of genuine
competition, was hindered, and why the economic opportunities were exploited
by an extremely limited number of actors. In fact, in Bulgaria, social
groups that relied on formal rules and procedures were systematically
marginalized and constantly lost out. This is one of the consequences
of delayed institutional reforms, nontransparent modes of privatization,
and the alienation of foreign investors.
The consequences for political behavior are equally important. There
is a general feeling that reforms have been unfair and are designed
to benefit semiformal interest groups. The majority of those who have
found that they were unjustly disadvantaged, during most of the transition
years, expect a central-government subsidy as compensation or simply
move into the informal sector. Fledgling political parties have few
options but to seek their own clientele and take recourse, yet again,
in politically dependent state-owned enterprises. The clientelistic
behavior of incumbent governments was somehow excusable for the voters,
given that there was an understanding that the "newcomers"
should purge "old crooks" who had already looted the people.
Voters, especially supporters of the newcomers or at least those disappointed
by the old-timers, were most of the time even ready to tolerate some
lack of transparency. It was this public tolerance of unfairness, more
than the peculiarities of the local culture, that explains who won what
and how as a result of the dynamic process of property redistribution
in postcommunist Bulgaria.
Krassen Stanchev is a cofounder of Transparency International
Bulgaria, executive director of the Institute for Market Economics,
and a former member of the Bulgarian parliament.
Notes
1. See Ventzislav Antonov and Roumen Avramov, eds., The
Year of the Iron Sheep: Bulgarian Economic Reform in 1991 (Sofia: Agency
for Economic Coordination and Development, 1992).
2. See Waclaw Wilczynski, "Five Years of the Polish Transformation:
1989-1994," in Five Years after June: The Polish Transformation,
1989-1994, ed. Jan Winiecki (London: The Center for Research into Communist
Economies, 1996), p. 24.
3. BNB Annual Report 1991, p. 30.
4. I do not discuss here fiscal accountability. However, some remarks
are necessary. For a significant period, as one would suspect from the
discussion that follows, there were numerous incentives to postpone
fiscal transparency. Here are some examples: the law on compiling the
state budget was not adopted until 1996; government-debt statistics
only became available in 1997-98; the consolidated budget was published
only in 2000; and the criteria for distributing subsidies to municipalities
are amended every year.
5. A detailed description of the money-transfer mechanism may be found
in Roumen Avramov and Kamen Guenov, Rebirth of Capitalism in Bulgaria
(Sofia: AECD, 1995).
6. See Gerard Caprio and Daniela Klingebeil, "Bank Insolvencies:
Cross-Country Experience," The World Bank (Washington, 1996; unpublished).
See also 1999 OECD Economic Surveys: Bulgaria (Paris: OECD 2000), p.
59.
7. A more detailed picture can be found in Administrative Barriers to
Investment in Bulgaria (Foreign Investment Advisory Service, February
2000); see also "Licensing Requirements in Retail and Wholesale
Trade and Commercial Road Transport Companies," IME Newsletter
7, nos. 1-2 (2000), pp. 2-11.
8. "Barriers to Free Enterprise," IME Newsletter 3, nos. 7-8
(1996). The cited IME publications are available at: www.ime-bg.org.
9. See Maria Dezserine, Accessibility and Transparency of the Public
Procurement Process in Hungary, Albania and the Slovak Republic (Budapest:
FME, 1998).
10. For details, see Luisa Perrotti and Krassen Stanchev, "The
Role of the Core Executive in the Privatization Process: Country Report
on Bulgaria." This is an unpublished report of March 1999 for the
OECD/SIGMA and the World Bank.
A Quarterly Published by New York University Law School
and Central European University
HOME | BACK ISSUES | MASTHEAD | SUBSCRIPTIONS | RUSSIAN EDITION | SUBMIT A MANUSCRIPT | BULLETIN BOARD | CALENDAR OF EVENTS
CONFERENCE MATERIALS | CONSTITUTIONAL CASE NOTES | LIBRARY OF ARTICLES | RESEARCH RESOURCES
SEARCH
THIS SITE | CONTACT US
|
NYU LAW HOMEPAGE
Copyright© East European Constitutional Review. All rights reserved.