annual report on migration and asylum policy · 2017-02-21 · migration, asylum and integration in...
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THE POLICY REPORT IS FINANCED BY THE EUROPEAN COMMISSION AND THE MINISTRY OF INTERIOR
OF BULGARIA
Annual Report on Migration and
Asylum Policy
BULGARIA 2015
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EXECUTIVE SUMMARY
The 2015 Policy Report of the Bulgarian National Contact Point for the European Migration
Network provides an overview of the most important policy discussions and developments in the
area of migration, asylum and integration in Bulgaria in the year 2015. The report refers specifically
to measures taken by the Republic of Bulgaria to implement the Global Approach to Migration and
Mobility, the EU Action on Migration Pressures, the EU Strategy towards the Eradication of
Trafficking in Human Beings, the EU Agenda on Migration and the European Agenda for the
Integration of Third Country Nationals. The report provides overview of the institutional and legal
structures dealing with migration, asylum and integration and outlines the most important
institutional, legal and political changes in these policy areas on 2015.
The key debates in the area of migration, asylum and integration in 2015 focused on:
Balancing security and human rights concerns in the framework of the asylum regime and in
the context of increasing inflow of asylum seekers;
Protecting the borders of the Republic of Bulgaria as external EU borders in the context of
increased irregular migration pressure.
The key legal developments in the area of migration, asylum and integration in 2015 included:
Amendments to the Law on Asylum and Refugees transposing Directive 2011/95/EU on the
standards for the qualification of third-country nationals or stateless persons as beneficiaries
of international protection, for a uniform status for refugees or for persons eligible for
subsidiary protection, and for the content of the protection granted (hereafter ‘the
Qualification Directive’); Directive 2013/33/EU, which lays down the standards for the
reception of applicants for international protection; and Directive 2013/32/EU on the
common procedures for granting and withdrawing international protection;
Amendments to the relevant provisions of the Bulgarian Criminal Code raising penalties and
including new hypotheses of people smuggling;
Approval of draft Law on Labour Migration and Labour Mobility by the Council of
Ministers (Decision № 1018, 23 December 2015), submitted to Parliament and expected to
come into force in May 2016.
Amendment to the Instruction on the Co-operation between the Ministry of Defense and the
Ministry of Interior regulating the logistical support by the army to border police authorities
in guarding Bulgarian borders;
1. INTRODUCTION
This Policy Report is prepared in response to Section 9 subsection 1 of 2008/381/EC, Council
Decision of 14 May 2008 establishing a European Migration Network and the requirement for
provision by each National Contact Point of annual reports describing the migration and asylum
situation in the Member State, including policy developments and statistical data. This annual report
on the issues of migration and asylum (“Policy Report” for short) aims to meet the information
needs of Community institutions and of Member States’ authorities and institutions on migration
and asylum, by providing up-to-date, objective, reliable and comparable information on migration
and asylum, with a view to supporting policy-making in the European Union in these areas (Section
1 subsection 2 Council Decision 2008/381/EC).
The seventh EMN Policy Report for Bulgaria is structured on the basis of the guidelines specified
by the EMN. The 2015 Policy Report provides general overview of the most important political
developments and debates as well as the legal and policy changes and measures taken in the area of
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migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The
Report was compiled by the National Contact Point for the European Migration Network at the
Ministry of the Interior in Bulgaria.
Methodology
This Policy Report is based on data from a wide range of sources with the aim of providing up-to-
date, objective, reliable and comparable information on migration and asylum. All relevant
government agencies (Ministry of Interior, the State Agency for Refugees, the Ministry of Labour
and Social Policy, etc.) have been consulted in the process of compiling the information. It is based
largely on publicly available governmental documents, strategies, action plans, annual reports, grey
(unpublished) papers, etc. In some cases, relevant statements and publications by non-governmental
or international organisations have been used as well.
The legal parts of this report rely on free access and subscription-based legal information systems,
as well as the websites of the Bulgarian National Assembly and the institutions and organisations,
whose statements are cited.
The analysis of policy and legal debates is conducted on the basis of the available data and
sources, such as public statements by ministries and other relevant stakeholders, as well as
specialised and general media outlets.
Terms and Definitions
The terminology used in the report is based on the Glossary of the European Migration Network.
Any terms relating specifically to the legal situation in Bulgaria are generally explained within the
text or in footnotes.
1.1. Institutional Structure of Asylum and Migration Policy
In 2015, the structure of state institutions responsible for policy on migration and asylum was the
same as in the previous 2014.
The National Council of Migration and Integration (NCMI) was constituted in February 20151
succeeding the former National Council on Migration Policy (NCP) which was dissolved the
previous year (17.04.2014).2 NCMI is the collective consultative body for formulation and co-
ordination of the implementation of state policies in the sphere of management of migration flows
and the integration of foreigners who received international protection in the Republic of Bulgaria.
Co-chairs of the Council are the deputy prime ministers, respectively the Deputy prime minister and
minister of the interior and the deputy prime minister and minister of labor and social policy. The
structure of the new Council comprises the Deputy Ministers – of Labour and Social Policy, of the
Interior, of Justice, of Foreign Affairs, of Healthcare, of Education and Science, of Finance and the
chair of the State Agency for Refugees, the chair of the State Agency for Child Protection, together
with representative of the Governing Board of the National Association of Municipalities, deputy
chair of the State Agency for National Security, directors of Border Police and Migration
Directorates and the secretary of the National Anti-Trafficking Commission.3
1 Държавен вестник, бр. 12, 13.02.2015. Постановление на Министерски съвет № 21/05.02.2015 г. 2 NCP was established in the context of the National strategy in the field of migration, asylum and integration (2011-2020) and was
closed following Regulation N 86 of the Council of Ministers from 17.04.2014 (Държавен вестник, бр. 36, 25.04.2014).
3 http://nsmp.mvr.bg/Za_nas/sastav.htm
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The Ministry of Interior (MoI) has two main structures with competences regarding migration
policy formulation and implementation. The Migration Directorate (MD) is a specialized
structure within MoI, responsible for the coordination of migration processes and for the regulation
and control of the migration of third-country nationals residing in Bulgaria, for providing
administrative services to EU citizens, citizens of EEA states and the Swiss Confederation and deals
with foreign citizens subject to expulsion or compulsory transfer to the national border to a country
of origin or a third safe country. Migration Units are set up within the Regional directorates of MoI;
The General Directorate Border Police (GDBP) is responsible for border control, protection of
the state borders, counteraction of illegal migration and human trafficking. GDBP has regional units
– Regional Border Police Directorates (RBPD) – under the management of GDBP’s Director.
Within the Ministry of Foreign Affairs (MFA) the Consular Affairs Directorate and Bulgaria’s
representations abroad are responsible for the issuing of visas and for the interaction with the
competent Bulgarian institutions and the visa services of Member States regarding the
implementation of the visa regime, the issuance of national visas and of uniform Schengen visas
upon Bulgaria’s joining the Schengen Area. The Consular Affairs Directorate maintains the
National Visa Information System via the National Visa Management Centre and in accordance
with the EU and Schengen requirements and is responsible for its connection to the Visa
Information System of the EU, as well as for the set up and maintenance of a Visa Backup Centre.
Applications for long-term visas shall be deposited in consular offices but decisions on the issue
comply with the Migration Directorate and the State Agency for National Security.
The Ministry of Labour and Social Policy (MLSP) is responsible for formulating and
implementing the policy for receiving third-country nationals on the labour market, for signing
bilateral employment agreements and social security agreements with third countries, for assisting
Bulgarian nationals in other Member States and nationals of other Member States in Bulgaria in
exercising their employment and social security rights of EU citizens.
The National Employment Agency (NAP)is an executive agency under the Minister of Labour
and Social policy, which is responsible for the implementation of the policy for protection of the
labour market and for the regulated reception of third-country nationals for employment. The
Agency, through its regional offices, registers EU citizens looking for jobs in Bulgaria. It assists
Bulgarian nationals for employment abroad in line with Bulgaria’s international treaties and
employment agreements, as well as within the EURES (European Employment Services)
information and mediation network.
In the Ministry of Justice (MJ) the Bulgarian Citizenship Directorate has competences regarding
acceptance and verification of Bulgarian citizenship applications and proposals. It organizes the
coordination citizenship procedure at the inter-institutional level.
The State Agency for Refugees (SAR) at the Council of Ministers is a legal entity financed from
the state budget, seated in Sofia and having territorial units across the country. Its responsibilities
include decisions applications for international protection, cooperation with other EU Member
States relating to the application of the Dublin Convention and with other competent Bulgarian
institutions regarding refusals from granting status to asylum seekers. The Agency is headed by a
chairperson who provides guidance, coordination and control on the implementation of the state
policy for granting refugee and humanitarian status to foreigners in the Republic of Bulgaria. The
regional units of SAR include one transit and three registration-and-reception centers, with the one
in Sofia having three different units set in three different locations.
The National Commission for Combating Trafficking in Human Beings (NCCTHB) under the
Council of Ministers organizes and coordinates the interaction between various agencies and
organizations implementing the Law on Combating Trafficking in Human Beings. The Commission
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determines and manages the implementation of national policies in combating human trafficking.
An important part of Commission’s functions include the organization of information, education
and awareness campaigns among risk groups and the society at large.
The State Agency for National Security (SANS) is among the institutions responsible for
counteracting the migration pressure on Bulgaria associated with the possible establishment on
national territory of persons connected with international terrorist organizations or with organized
crime formations acting on Bulgarian territory.
The National Council on Labour Migration (NCLM) is chaired by the deputy Minister of Labour
and Social Policy and involves as its members representatives of the state (MJ, MFA, MoI, MES,
State Agency for Bulgarians Abroad (SABA)) the trade unions and the employers’ organizations.
The functions of NCLM include discussions and support to the implementation of country’s labor
migration policy, including the reception of foreign workers in the Bulgarian labor market.4
Commissions under the President of the Republic of Bulgaria
The Commission on Asylum is a body that supports the Vice President of the Republic, on whom
the President devolved the exercise of the functions within art. 98, item 10 of the Constitution of the
Republic of Bulgaria (Granting asylum). The Commission has advisory functions performed at
regular meetings. The Commission prepares a reasoned proposal regarding each application for
asylum submitted to the President of the Republic of Bulgaria. The Commission may invite
representatives of NGOs to participate in its meetings, without having the right to vote.
The Commission on Bulgarian Citizenship and Bulgarians Abroad is a permanent subsidiary
body to the Administration of the President that acts in an advisory capacity. The Commission
supports the Vice President of the Republic, to whom the head of state issued a decree devolving
the implementation of the functions in art. 98, section 9 of the Constitution of the Republic of
Bulgaria. The Commission assists the Vice President in the implementation of policy on Bulgarians
abroad.
Institutions with partial competence in the field of migration and asylum relevant to their specific
mandates are the Ministry of Economy, the Ministry of Education and Science, the Ministry of
Health, the State Agency for Child Protection and the State Agency for Bulgarians Abroad.
1.2. Structure of the Legal System in the Area of Migration and Asylum
The main laws in Bulgaria, related to the organisation of asylum and migration policy in the
country, are:
Law on Asylum and Refugees5; Law on Bulgarian Citizenship
6; Law on Bulgarian Identity Papers
7;
Law on Bulgarians Residing outside the Republic of Bulgaria8; Law on Combating Human
4 http://www.saveti.government.bg/web/cc_53/1
5 National Assembly of the Republic of Bulgaria (2002): Закон за убежището и бежанците [Law on Asylum and Refugees] (State
Gazette 54/31.05.2002), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:
http://lex.bg/laws/ldoc/2135453184 (7 March 2014)
6 National Assembly of the Republic of Bulgaria (1998): Закон за българското гражданство [Law on Bulgarian Citizenship] (State
Gazette 136/18 November 1998), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:
http://www.lex.bg/bg/laws/ldoc/2134446592 (7 March 2014)
7 National Assembly of the Republic of Bulgaria (1998): Закон за българските лични документи [Law on Bulgarian Identity
Papers] (State Gazette 93/11 August 1998), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian
at: http://www.lex.bg/bg/laws/ldoc/2134424576 (7 March 2014)
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Trafficking9; Law on Employment Promotion
10; Law on Entering, Residing and Leaving the
Republic of Bulgaria by the Citizens of the European Union and Their Family Members;11
Law on
Foreigners in the Republic of Bulgaria12
; Criminal Code,13
as regards the penalties for illegal
migration and human trafficking; Law on Recognition of Professional Qualifications14
as well as
their secondary legislation, the Organisational Rules of the institutions involved and the laws on
health, education and other spheres, where migrants have their respective entitlements. The
legislative framework on foreign investments is also relevant.
2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS
2.1. Political developments
Changes in the political and expert responsibilities for migration and asylum
In 2015 a number of institutional developments and shifts in competency in the area of migration
and asylum took place.
In February 2015 the National Council on Migration and Integration (NCMI), as the collective
consultative body for formulation and co-ordination of the implementation of state policies in the
sphere of management of migration flows and the integration of beneficiaries of international
protection, was re-constituted15
, succeeding the former National Council on Migration Policy
(NCP) which was dissolved the previous year (17.04.2014).16
In March 2015, Rymyana Bachvarova was appointed minister of the Ministry of the Interior,
following the resignation of the former Minister Veselin Vuchkov. Minister Bachvarova is also a
vice prime minister on coalition policy and state administration. In March 2015 Dimitar Georgiev
was appointed as the new Chairman of the State Agency for National Security. In May 2015
Nikolay Nikolov was appointed as the new director of the Migration Directorate of the Ministry of
8 National Assembly of the Republic of Bulgaria (2000): Закон за българите, живеещи извън Република България [Law on
Bulgarians Residing outside the Republic of Bulgaria] (State Gazette 30/11 April 2000), Sofia: National Assembly of the
Republic of Bulgaria, available only in Bulgarian at: http://www.lex.bg/bg/laws/ldoc/2134916612 (7 March 2014)
9 National Assembly of the Republic of Bulgaria (2003): Закон за борба с трафика на хора [Law on Combating Human
Trafficking] (State Gazette 46/20 May 2003), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian
at: http://www.lex.bg/bg/laws/ldoc/2135467374 (7 March 2014)
10 National Assembly of the Republic of Bulgaria (2002): Закон за насърчаване на заетостта [Law on Employment Promotion]
(State Gazette 112/29 December 2001), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:
http://lex.bg/laws/ldoc/-12262909 (7 March 2014)
11 National Assembly of the Republic of Bulgaria (2007): Закон за влизането, пребиваването и напускането на Република
България на гражданите на Европейския съюз и членовете на техните семейства [Law on Entering, Residing and Leaving
the Republic of Bulgaria by the Citizens of the European Union and Their Family Members] (State Gazette 80/3 October 2006),
Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:
http://www.lex.bg/bg/laws/ldoc/2135535758 (7March 2014)
12 National Assembly of the Republic of Bulgaria (1998): Закон за чужденците в Република България [Law on Foreigners in the
Republic of Bulgaria] (State Gazette 153/23.12.1998), Sofia: National Assembly of the Republic of Bulgaria, available only in
Bulgarian at: http://lex.bg/bg/laws/ldoc/2134455296 (7 March 2014)
13 National Assembly of the Republic of Bulgaria (1968): Наказателен кодекс [Criminal Code] (State Gazette 26/2 April 1968),
Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at: http://lex.bg/laws/ldoc/1589654529 (7
March 2014)
14 National Assembly of the Republic of Bulgaria (2008): Закон за признаване на професионални квалификации [Law on
Recognition of Professional Qualifications] (State Gazette 13/8 February 2008), Sofia: National Assembly of the Republic of
Bulgaria, available only in Bulgarian at: http://www.lex.bg/bg/laws/ldoc/2135579101 (7 March 2014)
15 State Gazette, бр. 12, 13.02.2015. Order of the Council of Ministers № 21/05.02.2015 г. 16 NCP was closed by Regulation N 86 of the Council of Ministers from 17.04.2014 (Държавен вестник, бр. 36, 25.04.2014).
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Interior. In January 2015 Nikola Kazakov was appointed the new chairman of the State Agency for
Refugees at the Council of Ministers. Mr. Kazakov had occupied the office between 2010-2013.17
In 2015 the Migration Directorate of the Ministry of Interior was re-established as a separate
structure, apart from Border Police General Directorate. According to Art. 37 of the Law on the
Ministry of Interior,18
the Migration Directorate is a separate legal entity, together with the
directorates general, regional directorates, some other key directorates, the MOI Academy and the
Ministry’s Medical Institute.
Due to the increased migration flow and specific challenges in border management, steps were
taken during 2015 to regulate the participation of the army in guarding Bulgarian borders. In
February 2015 an amendment was introduced in the Instruction on the Co-operation between the
Ministry of Defense and the Ministry of Interior.19
According to the new Art. 5a, armed forces, if
need be, support border police authorities in the monitoring and control over the state border against
illegal arms trafficking and armed provocations. In times of peace, armed forces may logistically
support police authorities, guarding the state border. Such tasks may include transporting people,
keeping and transporting material goods, technical assistance when repairing devices, evacuation of
devices and other property, exchange of experience and training of mechanical specialists and
operators of specialised technology, free provision of movable goods and other tasks in accordance
with legislation in force. For those joint actions, the Ministry of Interior and the Ministry of Defense
develop a joint operations plan, but military forces cannot be tasked with the powers of the
authorities under the Law on the Ministry of Interior.20
In 2015, the National Council on Migration and Integration (NCMI) updated and approved the
National Strategy in the Area of Migration, Asylum and Integration (2015 – 2020) (NSAMAI).21
The new national strategy is the framework document setting country’s priorities and goals in
migration management, including in the area of asylum and is grounded in the understanding that
the migration phenomenon is a source of work force needed for the national economy but also a
potential threat to the national security.
2.2. Overview of main debates in the area of asylum and migration
The public and political debates in the area of migration, asylum and integration in 2015 were
primarily focused on issues relating to asylum, and more particularly the access and treatment of
asylum seekers and refugees; and the nature of measures for countering irregular migration. The
unprecedented inflow of asylum seekers in Europe that took place in 2015 triggered heated public
and political debates on the relevance of asylum policy measures both at national and EU level. The
17 Mr. Kazakov was released from office in February 2016 and in March 2016 Petya Parvanova was appointed as Chairwoman of the
Agency.
18 Law on the Ministry of Interior, SG No 53 of 27 June 2014, Sofia: National Assembly of the Republic of Bulgaria, 2014, available
only in Bulgarian at: http://www.lex.bg/laws/ldoc/2136243824
19 Instruction No M-3 of 18 July 2011 on the co-operation between the Ministry of Defense and the Ministry of Interior, SG No 60 of
5 August 2011, available at http://www.lex.bg/bg/laws/ldoc/2135744408
20 At the beginning of 2016 Bulgarian army was officially tasked on legislative level with participation in the guarding of Bulgarian
borders (Law on Amending and Supplementing the Law on Defence and Armed Forces of the Republic of Bulgaria, SG No 17 of
2016, available only in Bulgarian at: http://www.parliament.bg/bg/laws/ID/29770). According to a new provision in the Law on
Defense and Armed Forces of the Republic of Bulgaria (Art. 57, par. 2-3), armed forces are given this task by an act of the Council
of Ministers, which also determines the financial and other resource allocation for their participation. The Minister of Defense
determines rules on the use of force during the implementation of those tasks upon proposal of the chief of defense.
21 Decision N 437 of the Council of Ministers from 12.06.2015, http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-
BG&Id=963
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main themes of discussion included: approval or disapproval of the “open doors” policy pronounced
by the German Chancellor Angela Merkel; the perceived negative impacts of refugee migration
stressed by some nationalist parties and justified with cultural and religious differences as well as
the unfavorable economic situation in the country. It should be noted that the terms “illegal
migrants”, asylum seekers and refugees are often mixed and confused in the anti-immigrant rhetoric
of these actors. Finally public debate revolved around justifications for or criticisms towards push
back policies of Bulgarian police authorities. A number of protests by some local communities in
the towns of Harmanli and Radomir expressed concerns with regard to prospective opening of
reception facilities on the territory of their municipalities.22
At the same time some civic actions or
processions were organized in support of refugees.23
3. INTERNATIONAL PROTECTION (ASYLUM)
3.1. Background and general context
Since 1993 when Bulgaria ratified the UN Convention Relating to the Status of Refugees and the
attendant Protocol from 1967, the country has faced a relatively low refugee inflow with an annual
average of 1000 asylum applications. Significant changes in these tendencies took place since 2013
with the increase in the inflow of persons seeking international protection into Bulgarian territory
mainly due to the wave of displaced persons fleeing from the conflict in Syria. The number of
asylum applications between 2012 and 2015 was increasing steadily with a total of 1 387
applications filed in 2012, a total of 7 144 in 2013, followed by 11 081 in 2014 and 20 391 in 2015.
Between 2013 and 2015 a total of 15 059 persons were granted international protection, of them 10
053 persons refugee status and 5 006 humanitarian protection.24
In 2015 there was an increase in the
number of asylum applications filed by Iraqi and Afghani citizens and some decrease in the
applications filed by citizens of Syria.25
In the context of the increased volume of asylum seekers in 2013 and 2014 the Bulgarian
government enacted speedy developments in a number of spheres in order to respond adequately to
the needs of the incoming asylum seekers in compliance with all related international standards and
obligations. Developments took place in the following spheres: expansion of the capacity of
country’s reception and accommodation facilities; assuring adequate humanitarian assistance
(including food, clothing, heating, medical care); speeding registration procedures and improvement
of the quality of status determination procedures; building the administrative capacity in the area of
reception and asylum procedure (appointment and training of new staff); establishment of new
expert administrative structures (in 2014) such as the Department “Information and Analyses”
within the International Affairs Directorate of SAR, later renamed to “Information about Countries
of Origin and Analyses” and the Department “Adaptation” within the newly established Social
Activity and Adaptation Directorate at SAR.
22PROTESTS IN HARMANLI ON 28 FEBRUARY 2015,HTTP://DARIKNEWS.BG/VIEW_ARTICLE.PHP?ARTICLE_ID=1401721, ANDON 1 MARCH
2015, TTPS://NEWS.BG/POLITICS/PROTEST-SRESHTU-BEZHANTSITE-SE-PROVEDE-V-HARMANLI.HTML, IN RADOMIR ON 22 OCTOBER 2015,
HTTP://NEWS7.BG, AND IN SOFIA ON 21 NOVEMBER 2015,HTTP://KANAL3.BG/NEWS/BULGARIA/SOCIETY/20057-PROTEST-V-SOFIYA:-VAN-
NELEGALNITE-IMIGRANTI-OT-BALGARIYA.
23 In Sofia on 10 July, http://www.dnevnik.bg/bulgaria/2015/07/10/2570104_dnes_shte_se_provede_protest_sreshtu_policeiskoto/,
and on 12 September 2015, http://novanews.novatv.bg/ 24 Official data provided by the State Agency for Refugees at the Council of Ministers, available at:
http://www.aref.government.bg/?cat=8, accessed on: 25 March 2016.
25 Official Letter from SAR, № РД13-131/ 28 March 2016. In the first trimester of 2015 the number of asylum applications by Iraqi
and Afghani citizens increased with 14.7% and 27.17 % respectively from the overall number of applications and in the last
trimester of the year by 46.5 % and 38.21% respectively. At the same the number of asylum applications by citizens of Syria
decreased with 45% in the first and 12 % in the last trimester of the year.
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3.2. Legal developments
In 2015, two sets of amendments and supplements to the Law on Asylum and Refugees (hereafter
‘LAR’) were adopted, one in October and one in December.
LAR amendments and supplements of October 2015
The first important set of amendments and supplements to the LAR was adopted on 2 October 2015
and came into force on 16 October. They serve to transpose Directive 2011/95/EU on the standards
for the qualification of third-country nationals or stateless persons as beneficiaries of international
protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for
the content of the protection granted (hereafter ‘the Qualification Directive’) as well as Directive
2013/33/EU, which lays down the standards for the reception of applicants for international
protection (hereafter ‘the Reception Conditions Directive’), into Bulgarian legislation. The
amendments brought Bulgarian legislation in line with EU law through introducing new provisions
in accordance with the standards of the Common European Asylum System and through
harmonising the already existing provisions.26
The newly drafted Article 1a introduces the two types of protection offered in Bulgaria, namely
‘international protection’ and ‘temporary protection’. Temporary protection is granted in the event
of a mass influx of foreigners who have been forced to flee their countries of origin because of an
armed conflict, civil war, foreign aggression or other gross human rights violations and who cannot
return there as a result (Art. 1a, par. 3). International protection is a new concept introduced into
LAR which transposes Article 2 of the Qualification Directive27
in relation to Article 78 of the
Treaty on the Functioning of the European Union.28
As defined in Article 1a (2) LAR, the term
‘international protection’ includes both refugee status and humanitarian status. With the adoption of
the new amendments, the subjects of protection as well as the grounds for granting international
protection were made more precise. Thus, refugee status in Bulgaria will be conferred upon a
foreigner who, owing to a well-founded fear of persecution based on race, religion, nationality,
political opinions or membership of a particular social group, is outside of their country of origin
and who, for those reasons cannot or is unwilling to avail themselves of the protection of that
country or return to it (Art. 8, par. 1). Humanitarian status, on the other hand, will be granted to a
foreigner who does not meet the requirements to obtain refugee status and who is unable or
unwilling to receive protection from their country of origin as a result of being exposed to a
considerable risk of harm such as death penalty or execution; torture, inhuman or degrading
treatment and punishment; or another serious threat to their life due to indiscriminate violence in
situations of international or internal armed conflict (Art. 9, par. 1).
In relation to improving the procedure for granting refugee status, the important concepts of
‘subjects committing persecution’29
and ‘actions of persecution’30
were made clearer. Regarding
26 Reasons of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No 454-01-37. Available only in
Bulgarian at: http://parliament.bg/bills/43/454-01-37.pdf
27 Directive 2011/95/EU on the standards for the qualification of third-country nationals or stateless persons as beneficiaries of
international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of
the protection granted. Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:337:0009:0026:en:PDF
28 Treaty on the Functioning of the European Union, Article 78. Available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN
29 Accordingly, the amended law stipulates that ‘subjects committing persecution’ can be states; parties or organisations controlling
the state or substantial parts of its territory; or non-state actors in cases where the latter two subjects are unable or unwilling to
provide protection against persecution (Art. 8, par. 3).
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humanitarian status, the concept of ‘subjects committing gross violations’ covers the same actors as
the ones defined as ‘subjects committing persecution’ in relation to refugee status – namely, states,
parties or organisations controlling the state, or non-state actors (Art. 9, par. 2).
The newly amended version of the LAR also updates the criteria by which individuals may be
refused international protection. Article 12 of the LAR contains several new exclusion clauses
which complement the list of circumstances in which a foreigner will not be eligible to receive
protection (neither refugee nor humanitarian status), including those for whom there is a serious
ground for believing to pose a threat to public order or national security and those who pose a threat
to society by virtue of being convicted of a serious crime or genuine suspicions of having
committed such a crime (Art. 12, par. 1-2). The definition of ‘subsequent application for
international protection’ has also been elucidated with § 1(6) stating that such an application
constitutes a request filed by a foreigner who has not left the territory of Bulgaria after an already
terminated or withdrawn application for international protection or after the procedure for granting
protection has been completed by a final decision and the granting of status was rejected.
The other EU Directive which was at the core of the proposed changes to the LAR is the Reception
Conditions Directive, whose transposition was yet another step towards improvement of the
relevant Bulgarian legislation.
The rights and obligations of people seeking international protection were made more precise with
the amendments made in Articles 29, 30 and 30a. A new paragraph was added to Article 29 which
provides for the rights of those under procedure for determination of country competent to process
their application for international protection (Art. 29, par. 2). However, zones are introduced where
applicants may not be allowed or which they cannot leave (Art. 30).
Another new crucial provision is contained in Article 29 (3) which states that if within three months
of submitting an application for international protection, the proceedings have not been finalised
and no decision has been taken, provided that this is due to circumstances beyond the control of the
person who submitted the application, he or she will have the right to access the labour market in
Bulgaria, which includes the right to participate in any programmes or projects, financed by the
state or through international or EU funding. Further regulation is given to medical checks,
including to find out whether the foreigner belongs to a vulnerable group or has special needs.
Article 31 was amended to guarantee that every foreigner shall be informed, in a language that they
understand, of all rights and obligations arising from the granted international protection. In
addition, the article also ensures the equal rights and obligations of foreigners who have been given
asylum and foreigners who have received refugee status. Article 32, on the other hand, was revised
to ensure the equal rights and obligations of foreigners who have been granted humanitarian status
and foreigners with a permanent residence certificate.
The integration agreement between authorities and persons having received international protection
is introduced in the new Art. 37a and will be further regulated in secondary legislation.
A new section of the law was introduced which regulates the measures applied to foreigners seeking
international protection (Art. 45a-45f). Article 45a stipulates that the Chairman of the State Agency
for Refugees or another authorised officer of the Agency may order for the compulsory appearance
of an asylum seeker every two weeks throughout the proceedings phase before an official of the
30 ‘Actions of persecution’ are defined as physical or mental violence, including sexual violence; legal, administrative, judicial or
police measures which are discriminatory in essence or applied in a discriminatory manner; disproportionate or discriminatory
prosecution or punishment; denial of judicial redress, expressed in disproportionate or discriminatory punishment; prosecution
or punishment for refusal to perform military service in times of a conflict, where that service would involve committing
criminal acts; actions directed against children or against persons based on their gender (Art. 8, par. 5).
11
agency in order to verify their location and to ensure their participation in the process. When this
measure cannot be implemented, the State Agency for Refugees is granted the power to temporarily
place an asylum-seeker in a closed-type centre for the shortest possible time and only after a careful
consideration of the circumstances of each case. The criteria upon which such a decision will be
based are listed in Article 45b (1) and include: establishing or verifying the identity of the asylum
seeker, determining the facts and circumstances on which his/her application is based if this cannot
be done otherwise or if there is a risk of absconding, and when this is needed for protection of
national security and public order, for determination of the country competent for processing the
application for international protection and transfer of the foreigner in the competent country.31
However, there is an additional provision in the newly created Article 45b which guarantees that an
asylum seeker cannot be detained in a closed-type centre solely based on his application for
international protection. Placement continues until the grounds for it exist, but checks are
periodically made for their continued existence and the placement decision may also be reviewed
upon motion by the person placed (Art. 45d). Every decision of the Agency to detain an asylum
seeker can be appealed under the general procedure of the Bulgarian Code on Administrative
Procedure (Art. 45c, par. 5) and if it is established that the detention has been unlawful, the detained
asylum seeker is immediately released (Art. 45d, par. 6). Moreover, even if any of the criteria
enumerated in section 1 of the Article is present, the decision to detain an asylum seeker can only
be reached after a careful consideration of whether the person in question belongs to any of the
categories of ‘vulnerable people’ (Art. 45c, par. 2). Article 45e (1) of the LAR transposes important
provisions of the Reception Conditions Directive by enumerating a number of rights that foreigners,
seeking international protection, accommodated in closed type centers, are entitled to, such as
access to open space, visits from family members, the right to privacy, access to legal aid and
meeting with lawyers, representatives of non-profits and international organisations, and the right to
be informed in a language legible for them, about the internal rules and regulations of the detention
centre in which they have been accommodated, as well as their rights and obligations. Paragraph 3
of the same article envisions monitoring and adequate assistance to vulnerable groups of people
who have been detained.
LAR amendments and supplements of December 2015
Another set of amendments to the LAR was adopted in December 2015 to transpose into Bulgarian
legislation Directive 2013/32/EU on the common procedures for granting and withdrawing
international protection32
(hereafter the ‘Common Procedures’ Directive) whose main objective is
to further develop the standards and procedures for granting and withdrawing international
31 This provision has been a subject of criticism by the UNHCR Representation in Bulgaria - Open Letter from the UNHCR
Representation in Bulgaria to the Law Commission of the Bulgarian Parliament on the Draft Amendments to the Law on
Asylum and Refugees No 454-01-37. Available at:
http://www.parliament.bg/pub/cW/20150123013341Komentari%20VKBOON_ZID%20ZUB454-01-37.PDF; the International
Detention Coalition - Open Letter from the International Detention Coalition to the Law Commission of the Bulgarian
Parliament on the Draft Amendments to the Law on Asylum and Refugees No 454-01-37. Available at:
http://www.parliament.bg/pub/cW/20150511030700PG-539-00-70_8.05.15.pdf; Centre for Legal Aid ‘Voice in Bulgaria’ -
Open Letter from the Centre for Legal Aid “Voice in Bulgaria” to the Law Commission of the Bulgarian Parliament on the
Draft Amendments to the Law on Asylum and Refugees No 454-01-37. Available at:
http://www.parliament.bg/pub/cW/20150427043516PG-535-00-9_27.04.15.pdf; and the Bulgarian Helsinki Committee - Open
Letter from the Programme for Legal Protection of Refugees and Migrants of the Bulgarian Helsinki Committee to the Law
Commission of the Bulgarian Parliament on the Draft Amendments to the Law on Asylum and Refugees No 454-01-37.
Available at: http://www.parliament.bg/pub/cW/20150427042636%D0%9A%D0%9F-539-00-7...21.04.2015.pdf They
welcomed the Parliament’s initiative to amend the LAR by transposing important pieces of EU legislation and clarifying the
fundamental rights of refugees and asylum seekers, but expressed the view that detention of persons seeking international
protection is an unnecessary measure and pointed out that EU law does allow it but without explicitly requiring that Member
States implement it.
32Directive 2013/32/EU. Available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=EN
12
protection status in Member States with a view to establishing a common asylum procedure in the
EU.
By transposing the procedures of the directive into Bulgarian legislation, the grounds on which the
two different types of protection can be suspended or revoked as well as the termination of the
procedure for granting international protection were clarified (Art. 13).
In addition, Article 75 (1) was amended to extend the procedure for granting international
protection from 3 to 6 months in order to ensure the complete and thorough examination of all
received applications. The provisions regarding the rights of asylum seekers, the access to personal
files and the conducting of interviews were made more precise. A new article was added to ensure
the right of asylum seekers to access to their personal files containing all compiled information on
the basis of which the decision whether to grant or deny international protection will be based (Art.
29a). This article contains several exclusion clauses which deny the right to access in cases where
the disclosure of such information would pose a threat to national security, where it would hinder
the process of further examining the application and where it could jeopardise international
relations with other EU Member States. Additional sections were created to ensure the
comprehensive examination of applications such as introducing the possibility for the interviewer to
consult with an expert on certain medical, psychological, cultural or religious issues as well as
his/her right to request a medical examination of the asylum seeker in order to find evidence of
serious bodily harm and thus establish past persecution (Art. 61, par. 5-6). Article 63a, par. 10 was
amended to grant the right of both the legal representatives of unaccompanied minors and the
attorneys of asylum seekers to be present at interviews and to express opinions or ask questions.
Strict deadlines were introduced for registering applications. Article 61 (2) of the LAR stipulates
that a foreigner applying for international protection shall be registered at the State Agency for
Refugees not later than 3 days after the filing of the application. However, if an application was
made before another body, it is then obliged to send it to the Agency which carries out the
registration within 6 work days after the initial filing of the application (Art. 58, par. 4).
Furthermore, a provision was created to ensure that asylum-seekers are informed about the
procedures for applying for international protection that they would need to follow and any
consequences that these provisions might entail (Art. 58, par. 5). An additional provision was
drafted stipulating that if there are any signs that a foreigner at the border checkpoints and transit
zones or those held in detention centres or accommodated at the reception centres may wish to
apply for international protection, they shall be provided with accurate and detailed information
about the possibility to do so and, if there is a need, translation shall be provided in order to
facilitate the procedure (Art. 58, par. 6).
Amendments were introduced in the provisions on the accelerated procedure (Art. 68 et seq) by
updating the previously existing grounds for establishing that an application is manifestly
unfounded, in compliance with the provisions of the Directive, and extended the deadline for
reaching a decision in an accelerated procedure from 3 to 10 working days in order to ensure a more
thorough examination of applications (Art. 70, par. 1). Furthermore, the process of examining
applications is optimised by cancelling the practice of mandatory determination of the Member
State competent and responsible for examining an application for international protection and
instead providing that such practice will only be carried out by decision of the interviewing
authority and if there is clear evidence of the competence of this other Member State to examine the
application (Art. 67a).
13
A new section on preliminary considerations was created which introduces an admissibility
procedure and allows for substantial procedural economy (Art. 76b, par. 1).33
Finally, in compliance
with the Common Procedures Directive, Article 23 (3) of the LAR grants effective access of the
UNHCR, non-governmental organisations, governmental organisations and persons providing legal
aid to asylum seekers at the border checkpoints and the transit zones. This is a significant addition
to the law which guarantees that asylum seekers are able to enjoy the right to information and the
right to legal aid.
Through the adoption of the two amendment packages to the Law on Asylum and Refugees in
October and December 2015, Bulgaria not only fulfilled its commitments arising from its
membership in the EU, but also significantly improved its Law on Asylum and Refugees by filling
a number of existing legislative gaps in this area, synchronising some important concepts and
introducing provisions that contribute to a more effective carrying out of the procedures for granting
international protection in respect for the fundamental rights of those seeking protection while at the
same time ensuring that public order and national security are not jeopardised.
In December 2015 an interagency work group started to elaborate a draft Ordinance under Art.37a
of the Law on Asylum and Refugees for regulating the conditions for persons granted international
protection to be included in an integration programme. An Integration Agreement is foreseen to be
signed between the persons granted international protection and a municipality willing to assist their
integration. It is expected for the Draft Ordinance to be adopted until end of May 2016.
3.3. Policy developments
3.3.1. International protection procedures and reception of applicants of
international protection
In 2015, the National Council on Migration and Integration (NCMI) started a working group which
drafted the new National Strategy in the Area of Migration, Asylum and Integration (2015 –
2020).34
The new national strategy is the framework document setting country’s priorities and goals
in migration management, including in the area of asylum/ international protection.
Improving the quality of international protection procedures
According to the Law on Asylum and Refugees (Art. 58 (4)) asylum application can be submitted at
another state body which is obliged to send it to the State Agency for Refugees (SAR) which in turn
shall register the application within 6 working days after the failing of the application.
Deadlines for registration of application for international protection, prescribed in LAR, are in
accord with Directive 2013/32/EU. With regard to subsequent applications, a procedure is
prescribed requiring prior consideration of admissibility before registration.
Foreigners seeking asylum and those who are beneficiaries of international protection have the right
to assistance by UNHCR and other state and NGO bodies at any stage of the international
protection procedure.
33 Reasoning of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No 502-01-68. Available only in
Bulgarian at: http://parliament.bg/bills/43/502-01-68.pdf
34 Decision N 437 of the Council of Ministers from 12.06.2015, http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-
BG&Id=963
14
The European Commission’s Urgent Measures Agreement, signed on 29 May 2015 allocated EUR
4,1 million euro to Bulgaria to be used in 12 months for translation services, administrative capacity
to speed up asylum procedures, shelters and technical aid as well as for improvement of refugees’
living conditions and health insurance.35
With the aim to improve the quality of the asylum procedure a number of trainings were conducted
in 201536
including training on the amendments of LAR for interviewers and registration officials at
the registration reception center in Harmanli and the transit center in the village of Pastrogor.
Training on interviewing techniques was conducted for interviewers from registration reception
centers in Harmanli and in the village of Banya and from the transit center in the village of
Pastrogor. In addition, training was conducted for interviewers from the registration reception
center in Harmanli on the preparation rejection decisions along regular procedure. In addition
officials from СДВНЧ-Бусманци took part in UNHCR training seminar on the Dublin and Eurodac
regulations. UNHCR together with SAR representatives organises regular trainings for officials
from Chief Directorate “Border Police”, Ministry of the Interior on access to procedure for
international protection.
In 2015 the SAR country of origin information experts (COI experts) took part in a number of
trainings, seminars and conferences on the preparation of information on countries of origin. In
addition, they took part in training of national experts organised by EASO. Information on countries
of origin is being prepared by the Bulgarian COI experts in accord with the EASO Methodology for
COI preparation. In 2015 the COI experts have prepared 207 responses to specific COI questions
and 3 bulletins.
Reception of applicants of international protection
Accommodation capacity in country’s reception and transit centers is 5 130 places.37
In mid-year
however, the SAR chair stated that a total of 7000 persons could be accommodated under SAR
auspices and additional 800 places in mobile modules can be provided in case of emergency
influx.38
In 2015 a total of 27 439 persons were accommodated in the reception and registration
centers of SAR, of them a total of 27 280 persons left the centers within the same year, of them 5
076 were beneficiaries of international protection.39
In 2015 a challenge was faced whereas asylum seekers who express wish to file asylum application
at state institution other than SAR – when he/ she is referred to SAR the person refuses registration
due to the fact that biometrical data has to be taken, therefore leaves the respective SAR facility.
35 Savova, I. (Oct. 2015) Country Report: Bulgaria, Aida Asylum Information Database, p. 12.
36 Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет за 2015 г. [Report on the
Strategic Goals of the State Agency for Refugees with the Council of Ministers for 2015], София, available at:
http://www.aref.government.bg/?cat=8, visited on: 24.03.2015.
37 МВР, Месечна информация относно миграционната обстановка в Република България към месец декември 2015 г.
[Monthly information regarding the migration situation in the Republic of Bulgaria at the month of December 2015], available
at: http://www.mvr.bg/NR/rdonlyres/3BFDD98B-84B0-4906-96BD-
52697D8CDB44/0/Mesechna_spravka_dekemvri_2015.pdf, visited on: 21 март 2016 г.
38 www.focusnews.net, Никола Казаков: 1200 са свободните места за настаняване на бежанци, има възможност за разкриване
на още, 18.08.2015 г. [Nikola Kazakov: the vacant places for accommodation of refugees are 1 200 and there is an opportunity
to secure more, 18.08.2015].
39 МВР, Месечна информация относно миграционната обстановка в Република България към месец декември 2015 г.
[Monthly information regarding the migration situation in the Republic of Bulgaria at the month of December 2015], available
at: http://www.mvr.bg/NR/rdonlyres/3BFDD98B-84B0-4906-96BD-
52697D8CDB44/0/Mesechna_spravka_dekemvri_2015.pdf, visited on: 21 March 2016.
15
Relocation
Following Council Decisions 2015/1523 from 14 September 2015 and 2015/1601 from 22
September 2015 for establishing provisional measures in the area of international protection for the
benefit of Italy and of Greece, the Bulgarian government informed the European Commission (on
24 September) that the national contact for administrative cooperation under the relocation
procedure will be SAR. The Bulgarian government approved National Mechanism for
Implementation of the Engagements of the Republic of Bulgaria under Council Decision
2015/1523/EC and Decision 2015/1601/EC.40
Accordingly the government took the responsibility
to take a total of 1302 persons from Italy and Greece, 100 persons in 2015, 500 persons in 2016 and
702 persons in 2017 (in compliance with Decision 2015/1523 and Decision 2015/1601).41
The
government set the following preferences with regard to the profile of applicants to be accepted for
relocation in the country: to be citizens of Syria; preferaby families; people with professional and
educational qualification responding to the needs of the Bulgarian labor market; avoid
unaccompanied minors as the legal framework for representation in the country is new and not
tested in practice.42
Participation in EASO Activities
The implementation of the EASO Special Support Plan to Bulgaria started successfully in January
2015 and a number of measures have been implemented in the course of 2015 in support of the
Bulgarian asylum system, in particular in the following fields: in relation to reception and social
assistance to persons seeking international protection; quality of the procedure for international
protection; identification and referral of vulnerable persons; capacity building in the sphere of
country of origin information; procedural guarantees and better reception conditions for children
and unaccompanied minors; development and implementation of methodology and trainings
regarding age determination of asylum seekers. In total, eleven EASO missions were carried out in
Bulgaria. Twelve staff members of SAR were trained under modules of the EASO Training
Curriculum, while other six people participated in study visits to other Member States in order to
exchange experience and good practices in relation to priority issues such as those concerning
vulnerable persons, unaccompanied minors and guardianship and the Dublin procedure.
During 2015 SAR increased its national expert pool for support in the field of international
protection from 1 to 11 experts. In addition SAR deployed experts to participate in working groups
for development of handbook for identification of persons with special needs and a handbook for
terms of reference for the functioning of the EASO network of national Dublin units.
In December 2015, SAR staff members participated as trainers, jointly with EASO experts, in an
introductory training of 24 newly appointed staff of SAR. The training was organized by EASO in
accordance with the Special Support Plan to Bulgaria.
40 Министерски съвет, Решение № 858, 4.11.2015 г. За одобряване на Рамка на националния механизъм за изпълнение на
ангажиментите на Република България по Решение 2015/1523/ЕС и Решение 2015/1601/ЕС [Council of Ministers, Decision №
858, 4.11.2015 г. For approval of National Framework Mechanism for implementation of the engagements of the Republic of
Bulgaria under Decision 2015/1523/ЕС and Decision 2015/1601/ЕС], available at: http://nsmp.mvr.bg/NR/rdonlyres/810F96A5-
987C-45E9-B662-CB01B68E0B3D/0/RMS_relokaciya.pdf, visited on: 23 March, 2016=
41 Рамка на националния механизъм за изпълнение на ангажиментите на Република България по Решение 2015/1523/ЕС и
Решение 2015/1601/ЕС [National Framework Mechanism for implementation of the engagements of the Republic of Bulgaria under
Decision 2015/1523/ЕС and Decision 2015/1601/ЕС]; Решение на Министерския съвет за одобряване на Рамка на Национален
механизъм за изпълнение на ангажиментите на Република България по Решение (ЕС) 2015/1523 [Decision of the Council of
Ministers for approval of National Framework Mechanism for implementation of the engagements of the Republic of Bulgaria under
Decision 2015/1523/ЕС] available at: http://nsmp.mvr.bg/Dokumenti/nacionalen_mehanizum_relokaciya.htm (23 March, 2016). 42 Предпочитания по отношение на лицата, които ще бъдат преместени в Република България в изпълнение на Решение
2015/1523/ЕС и Решение 2015/1601/ЕС [Preferences regarding persons who will be relocated in the Republic of Bulgaria in
compliance with Decision 2015/1523/EC and Decision 2015/1601/EC], available at:
http://nsmp.mvr.bg/Dokumenti/nacionalen_mehanizum_relokaciya.htm, visited on 23 March, 2016.
16
3.3.2. Integration of asylum seekers and persons with international protection
status
In December 2015 г. an inter-institutional working group was constituted for development of
project for Ordinance (in accordance with art. 37a of LAR) regulating the conditions for inclusion
into integration program of beneficiaries of international protection. Foreseen is the conclusion of
individual integration agreement between the person and the Municipality, wishing to assist his/her
integration. The Regulation is expected to be accepted by March 2016.
Throughout 2015 integration activities for asylum seekers and beneficiaries of international
protection have been conducted mainly within the framework of registration and reception centers
of SAR. Presently SAR manages three registration reception centers, one in Sofia, including three
sub-centers in three different localities (Ovcha Kupel, Voenna Rampa and Vrazhdebna), one in the
village of Banya and one in the town of Harmanly. In addition, SAR operates one transition center
in the village of Pastrogor. Within the framework of these centers Bulgarian language courses and
various integration activities (sport, child care activities, ect.) have been provided by external NGO
providers such as “Arabis”, CVS, Caritas Sofia, the “Right to Choice” Association and FICE
Bulgaria.43
Integration services, including consultations, social services related to initial adaptation
and integration of asylum seekers have also been provided by teams of social experts in the
registration-reception centers of SAR. In addition, social work in the reception and registration
centers is facilitated by trained social and health mediators coming from refugee communities. In
view of identification of vulnerable asylum seekers, assessment of needs, and timely referral to
specialised services, in 2015 a practice was introduced of social experts from SAR to be present at
the registration of asylum seekers.
In March 2015 SAR terminated the provision of monthly social allowance (to the amount of BGN 65) to
asylum seekers accommodated in reception centers.44
As of mid-August 2015 SAR started short-term
accommodation of newly recognised refugees and humanitarian status holders, the support lasting in an
average up to 3 months with other incumbent expenses such as rent deposits, clothing, mattresses and
bed linen, kitchenware and utilities (heating, electricity, water) not being covered.45
Employment
To facilitate the access to employment for asylum seekers an amendment of LAR (Art. 29, 3) was
introduced (Oct. 2015) according to which an asylum seeker receives the right to work in case
his/her procedure is not finalised within three months from registration. As per the previous legal
setting access to work to asylum seekers was allowed only if their asylum procedure was not
finalised within 12 months. In 2015 a total of 52 employers have announced at SAR that they have
free work placements.
In 2015 a data base was established containing the professional and educational profile of asylum
seekers as well as data about employers and small and medium business entities offering job
positions.46
43 Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет за 2015 г. [Report on the
Strategic Goals of the State Agency for Refugees with the Council of Ministers for 2015], София, available at:
http://www.aref.government.bg/?cat=8, last visited on: 24 March 2015.
44 Order N03-310 of 31 March 2015 of the Chairperson of the State Agency for Refugees (enforced retroactively as of 1 February
2015) – cited in: Savova, I. (Oct. 2015) Country Report: Bulgaria, Aida Asylum Information Database, p. 13.
45 Savova, I. (Oct. 2015) Country Report: Bulgaria, Aida Asylum Information Database, p. 13.
46 Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет за 2015 г. [Report on the
Strategic Goals of the State Agency for Refugees with the Council of Ministers for 2015], София, available at:
http://www.aref.government.bg/?cat=8, last visited on: 24 March 2015.
17
Health care services
In 2015 SAR has implemented the Ministry of Health’s Recommendation for minimal health
requirements and minimal medical equipment of the health cabinets in all territorial units of SAR.
SAR has reported to have secured the needed sanitary-hygienic conditions and antiepidemic work
mode. In the registration and reception center in the town of Harmanli one dental cabinet and two
general health care cabinets were equipped together with specialised medical vehicle which is used
for transportation of asylum seekers with health needs to specialised health care facilities. A
cooperation between SAR and the Red Cross as well as with other donors is developed for the
supply of medicines to the SAR health care cabinets.
Relocation
The Framework of the National Mechanism for Implementation of the Engagements of the Republic of
Bulgaria under Council Decision 2015/1523/EC and Decision 2015/1601/EC includes an integration
scheme whereas different integration responsibilities are allocated to respective institutions: Ministry of
Labor and Social Policy (MLSP) – access to the labor market and access to social support schemes;
Ministry of Education and Science (MES) – access to education; Ministry of Health (MH) – access to
health care services; Local Municipalities – access to housing.47
No asylum seekers have been relocated
under EC Decisions 2015/1523/ EC and 2015/1601/EC to Bulgaria. In early 2016 (on 15 February 2016)
the first two persons from Iraq were relocated who have been placed in the SAR registration and
reception in Sofia (Vrazhdebna).
4. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS
4.1. Background and national context
Between 1993 and 2013 Bulgaria has received a low inflow of unaccompanied minors. Some
increase in the number of UAM has been witnessed since 2013 as result of the increased inflow of
refugees from Syria, seeking international protection. Respectively, since 2013 the Bulgarian
government develops policy measures in the area of reception, protection and assistance to
unaccompanied minors which include: building inter-institutional procedures and coordination;
building administrative capacity for meeting the international standards in working with
unaccompanied minors; exchange of experience; improvements in assistance measures to UAMs
4.2. Legal developments
Minors and other vulnerable groups
Minors and other vulnerable groups have received substantial attention in one of the substantial
amendment packages to the Law on Asylum and Refugees, adopted in 2015. Amendments in
Article 25 of the LAR make long awaited important changes in relation to the representation of
unaccompanied minors who are seeking or who have already received international protection
status by stipulating that a legal representative from the municipal administration, determined by the
mayor of the respective municipality, shall be appointed to them. According to the law, any
representative of a minor, whether it is their blood relative or an appointed official from the
municipal administration, shall have certain responsibilities such as representing that minor before
all administrative bodies (social, health, educational and other institutions), defending their interests
47 Рамка на националния механизъм за изпълнение на ангажиментите на ангажиментите на Република България по Решение
2015/1523/ЕС и Решение 2015/1601/ЕС, Приложение 4. [National Framework Mechanism for implementation of the
engagements of the Republic of Bulgaria under Decision 2015/1523/EC and Decision 2015/1601/EC].
18
in any proceedings for granting international protection until a final decision is reached and taking
action to provide any necessary legal assistance until the coming of age of the minor.
Art. 26 of LAR was amended to reiterate the equal access of minors and juveniles seeking
international protection and of all foreigners having received such protection to education under the
same conditions as those for nationals. Importantly, new provisions were created, prohibiting the
delay of over three months after the submission of the international protection application of the
access to education for minors and juveniles seeking protection. The conditions for granting
education are to be regulated by the Minister of Education and Science and the Chair of SAR.
Options for exercising regulated professions are given in accordance with the Law on Recognition
of Professional Qualifications.
The idea of the best interest of the child in accordance with the Law on the Protection of Children
was introduced by amending Art. 6a and also inserting paragraph 10 into Article 29 which states
that the best solution should be found when it comes to determining where an unaccompanied
minor should be accommodated by taking into account the minor’s own opinion, and where
possible, not separating them from any of their siblings. An additional provision looking at the
wellbeing of children who are unaccompanied minors was amended to specify that such individuals
should be put at the care of a family who are their relatives, or at the care of foster parents, social
services or another specialised institution in accordance with the relevant provisions of the Law on
Child Protection, or where this is not possible, in other accommodation centres designed to host
minors (Art. 29, par. 9). Finally, Article 30a was amended to explicitly state that all provisions
contained in the section designated on the rights and obligations of those seeking international
protection shall be applied taking in the account the specific needs of vulnerable people.
As part of the transposition of the Reception Conditions Directive in the LAR (please see section on
asylum), special attention has been paid to the concept of ‘vulnerable groups’ under the scope of
which fall minors, unaccompanied minors, disabled people, the elderly, pregnant women, single
parents with minor children, victims of trafficking, individuals with serious health problems,
individuals with mental disorders and those who have suffered torture, rape or other serious forms
of psychological, physical or sexual abuse (par. 1, item 17, Additional provisions). A new article
was created stating that all officials working in reception centres shall receive appropriate training
on the needs of people seeking international protection, and especially on the special needs of
vulnerable people, in order to guarantee a more effective provision of services (Art. 6, par. 3).
As for placement in closed-type centres (please see section on asylum), minor and juveniles in need
of international protection may be placed in such only as an ultimate measure to keep family unity
or ensuring their safety and security, for the shortest possible time, with all effort to place them at
premises suitable for them (Art. 45е, par. 1, LAR). Minors and juveniles in SAR centres are given
access to education and activities in their leisure time, including games and entertainment (Art. 45е,
par. 2). Family unity is always kept (Art. 45е, par. 3). Women are placed separately from men,
unless they are from the same family and have expressly agreed to be together (Art. 45e, par. 4).
Stateless persons
Draft amendments to the Law on Foreigners were prepared in 2015.48
A substantial part of the
amendments concern the regulation of the status of stateless persons in accordance with the 1954
Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction
of Statelessness, which Bulgaria ratified in 2012 and which are fundamental international
instruments, regulating the situation of stateless persons and ensuring that they will enjoy
48 Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria, available in
Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
19
fundamental rights and freedoms without discrimination. On the other hand, the common EU
policies on citizenship and stateless persons are supposed to reduce secondary mobility within the
Schengen area and will increase trust among the Member States. Given that the national legislation
does not regulate this issue, the necessary steps were undertaken toward the establishment of a
procedure for determining the status of stateless person. A working group made an analysis of
European best practices and supported the position that it is appropriate to adopt the practice of
Hungary. The necessary legislative changes were prepared in order to establish conditions and
procedures for issuing travel documents for stateless persons having such status granted by the
Bulgarian authorities and legal grounds to be granted permanent or long-term residence in the
Republic of Bulgaria, as well as for persons with statelessness status granted by another state, who
are permanently or long-term residents of the Republic of Bulgaria and are not able to renew their
travel documents in the state having initially issued the document for compelling reasons.
A special new chapter in the Law on Foreigners is proposed to be devoted to stateless persons. The
term ‘stateless person’ (apatride) is legally defined (Art. 21b) as a person without citizenship in
accordance with the legislation of any country. A stateless person status may be granted to such a
person, born or having entered legally the territory of Bulgaria and has long-term or permanent
residence permit. Status will be granted via proceedings before the Migration Directorate and will
be regulated in detail in the Rules for the Implementation of the Law. The grounds for refusal to
grant status or termination of proceedings are listed, as well as those for losing the status. Refusal or
termination can be appealed in administrative proceedings. Special ID papers will be issued to the
stateless person ‘foreign travel certificate for stateless persons’, which will be valid for 5 years and
will contain an inscription, related to the 1954 Convention.
4.3. Policy developments
In view of identification of vulnerable asylum seekers, assessment of needs, and timely referral to
specialised services, in 2015 a practice was introduced of social experts from SAR to be present at
the registration of asylum seekers. For the purposes of early identification and timely referral to
psychological and medical support of vulnerable asylum seekers, SAR officials use a Questionnaire
for early identification of asylum seekers – this allows for the identification of the specific needs of
vulnerable persons, including those of unaccompanied minors.
In order to provide adequate support to vulnerable asylum seekers in 2015 SAR has implemented
the following: awareness raising among SAR officials on the specific problems of vulnerable
asylum seekers; implementation of mechanism for the identification of vulnerable persons; use of
instruments for individual approach in meeting the special needs of vulnerable persons while in
reception or in procedure; relevant update of the legal framework relating to vulnerable asylum
seekers. In addition, Social mediators from the Bulgarian Red Cross, funded by UNHCR assist SAR
staff in reception centers to assure that individuals with special needs are taken proper care.49
5. LEGAL MIGRATION AND MOBILITY
5.1. Background and national context
The inflow of TCN for the purposes of labour migration in Bulgaria has been moderate. One central
factor contributing to this trend is the unfavourable economic state of the country. Since the global
economic crisis hit Bulgaria in 2009 the country’s GDP and job security has been on the decline
while the unemployment rates have been on the rise. The employment rate declined from 70.7 per
49 Savova, I. ()ct. 2015) Country Report: Bulgaria, Aida Asylum Information Database, p. 47.
20
cent in 2008 to 63.6 per cent in 2013 and 67.1 % in 2015. The unemployment rate raised from 5.6
per cent in 2008 to 13.2 per cent in 2013 (with male unemployment reaching 14% and female
unemployment at 12.2 per cent) and 9.2 per cent in 2015 (with male unemployment reaching 9.9 %
and female unemployment at 8.5 per cent).50
The continuing negative trends on the labour market
put forward the protection of the national labour market as priority in country’s labour migration
policy since 2013. This policy is observed through appropriate mechanisms, consistent with
Bulgaria’s commitments as an EU member and EU trends and practices in this field. This policy
priority was observed without affecting the EU/EEA/Swiss citizens as well as TCNs having equal
rights (long-term and permanently residing) as well as beneficiaries of international protection.
The new National Strategy in the Area of Migration, Asylum and Integration (2015 – 2020) pays
attention to the need of good governance in regulating legal migration to support the economic
development of the country – which is set as one of the 12 priorities of the Strategy.51
Throughout 2015 a number of legal developments and few policy changes in the area of legal
migration took place.
5.2. Legal and policy developments
Economic migration
A Draft Law on Labour Migration and Labour Mobility (hereafter ‘LLMLM’) was approved on 23
December 2015 with Decision № 1018 of the Council of Ministers, was submitted to Parliament
and is expected to come into force in May 2016.52
Its main objective is to transpose the provisions on the free movement of workers within the
European Union and the employment of third-country nationals which are contained in three recent
EU Directives – Directive 2014/54/EU of the European Parliament and the Council of 16 April
2014 on the measures to facilitate the exercise of the rights granted to workers in the context of
freedom of movement of workers53
, Directive 2014/36/EU of the European Parliament and of the
Council of 26 February 2014 on the conditions for entry and residence of third-country nationals for
employment as seasonal workers54
and Directive 2014/66/EU of the European Parliament and of the
Council of 15 May 2014 on the conditions of entry and residence of third-country nationals within
the intra-corporate transfer55
.
An additional justification for the adoption of the proposed draft law is the need to codify the
currently fragmented Bulgarian legislation in this area into one single legislative act. At present,
50 National Statistical Institute. 51 Decision N 437 of the Council of Ministers from 12.06.2015, p. 40.
http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=963
52 Draft Law on Labour Migration and Labour Mobility, 502-01-100, available in Bulgarian at:
http://parliament.bg/bg/bills/ID/15672/
53 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures to facilitate the exercise of the
rights conferred on workers in the context of freedom of movement of workers, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0054&from=BG
54 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions for entry and stay of
third-country nationals for the purpose of employment as seasonal workers, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0036&from=en
55 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of
third-country nationals in the framework of an intra-corporate transfer, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0066&from=EN
21
most provisions in the field of labour migration and labour mobility are contained in the Law on
Employment Promotion (hereafter ‘LEP’)56
. LLMLM is supposed to be a fully separate legal act
which not only contains the relevant provisions dealing with labour migration and mobility
transferred from LEP but also some important additions aimed at improving the legal certainty for
both EU nationals and nationals of third countries seeking employment in Bulgaria as well as
Bulgarian nationals seeking employment abroad. Importantly, a new section is foreseen dedicated to
the issues of residence of third-country nationals for the purposes of intra-corporate transfer.
Article 1 of the General Provisions of LLMLM defines its scope and Article 2 explicitly prohibits
the application of any restrictions and privileges as well as direct or indirect discrimination towards
foreign persons seeking employment in Bulgaria. A national council on labour migration and labour
mobility is created with the Minister of Labour and Social Policy (Art. 4).
The following chapter on ‘Labour Migration from Third Countries’ transfers and expands the
provisions of Chapter 8 from LEP and introduces specific procedures for granting the right to
access of third-country nationals (hereafter ‘TCN’) who have an employment contract with a local
employer, who have been seconded or relocated to Bulgaria as part of an intra-corporate transfer, or
those who are operating as freelancers, to the Bulgarian labour market in full compliance with the
requirements of the abovementioned EU Directives (Art. 5, par. 1). Moreover, the general
provisions of this chapter also clarify the rights and obligations of TCNs in Bulgaria and the
application of and procedure for obtaining work permit at the Employment Agency (Art. 7, par. 3).
Section 2 of the Chapter on ‘Labour Migration from Third Countries’ is dedicated to the Single
Permit for Work and Residence which is relevant to TCNs who are applying for residence permit in
order to work in Bulgaria as well as those who have obtained a valid residence permit under the
Law on Foreigners in the Republic of Bulgaria (LFRB)57
for purposes other than employment.
Section 3 of the same chapter regulates the conditions for issuing an EU Blue Card to TCNs who
are deemed highly skilled workers and who hold a long-term Bulgarian visa in accordance with the
stipulations of Article 33 (k) of LFRB. Clarifying the process of obtaining a work permit of this
type is a positive step towards facilitating the hiring of foreigners coming from non-EU countries
for the purposes of securing highly qualified employment in order to overcome the shortage of
skilled workers in some industries.
The next section of Chapter 2, which is devoted to seasonal work, defines the conditions for
acquiring a seasonal work permit valid for up to 90 days and states that the Minister of Labour and
Social Policy shall be in charge of approving the list of economic sectors which require seasonal
workers (Art. 24-25).
The following section deals with issues of residence of third-country nationals for the purposes of
intra-corporate transfer. It is envisaged that a long-term residence permit for the purpose of intra-
corporate transfer can be granted to foreigners who are eligible to receive access to the labour
market under the general provisions of LLMLM and who possess a long-term visa. The residence
permit for the purpose of intra-corporate transfer is issued following a decision by the Ministry of
Labour and Social Policy for a period of up to one year (applicable to employees and interns) or up
to three years (applicable to specialists and managers) and shall be renewed if there are grounds for
reissue (Art. 32, par. 2). The draft creates a special chapter in the LFRB, devoted to the residence of
TCNs for the purposes of intra-corporate transfers.
56 Law on Employment Promotion promulgated in SG No 112 of 29 December 2001, Sofia: National Assembly of the Republic of
Bulgaria, 2011, in force as of 1 January 2002, available only in Bulgarian at http://lex.bg/laws/ldoc/-12262909
57 Article23 of the Law on Foreigners in the Republic of Bulgaria, SG No 153 of 23 December 1998, Sofia: National Assembly of the
Republic of Bulgaria, 1998, available at: http://www.lex.bg/laws/ldoc/2134455296
22
Section 6 of Chapter 2 regulates the terms and conditions for employment of TCNs who are
researchers, students or trainees. Article 36 (1) states that to TCNs who, following an agreement,
are appointed as researchers for the purposes of conducting a research project with a specific
organisation, can be employed for the duration of the project without the need for a work permit.
Such cases, however, need to be duly registered with the Employment Agency (Art. 36, par. 2).
Short-term employment is also provided for.
Sections 7 and 8 are devoted, respectively, to the procedure and order for issuing work permits and
to regulating the status of foreign freelancers.
A separate chapter 3 of the draft law is dedicated to the equal treatment of foreign workers – both
EU citizens and TCNs. Article 49 (1) stipulates that foreign citizens who are exercising their right
to free movement have the same set of rights as Bulgarian citizens with the only exception of
positions specifically requiring Bulgarian nationality. Article 49 (2) further provides for the equal
rights of foreign workers who are TCNs or those holding the Single Permit for Residence and
Work, the EU Blue Card or the Seasonal Worker Permit, such as access to information about
vacancies, working conditions (including pay, working hours, holidays, termination of employment,
minimum work age and participation in collective bargaining), recognition of educational diplomas,
education and vocational training, etc. Adding these clauses with the aim of improving the
provision of information on the routes to and conditions of legal migration and ensuring the equal
rights of all foreign workers is described as one of the main purposes of LLMLM, especially in
view of the growing importance of access to social rights again as a means of attracting highly
qualified employees from third countries in the EU who are of considerable shortage in the
European labor market.58
Chapter Four of LLMLM regulates the free movement of workers within the EU. The provisions
are in line with EU Regulation № 2011/492 on the Freedom of Movement for Workers within the
EU59
and Directive 2014/54/EU and transpose some of the norms contained in them, the aim being
to provide sufficient safeguards for the protection of the rights of EU citizens working in Bulgaria
as well as citizens of the European Economic Area and the Swiss Confederation, and members of
their families.
Chapter 5 deals with the legal protection of Bulgarian citizens employed in third countries and
regulates the procedure for signing bilateral agreements in the field of employment with third
countries which could benefit those countries in meeting the needs of their labour markets and,
simultaneously, create additional opportunities for professional development of Bulgarian citizens
abroad (Art. 62).
Further to this, an extra chapter 6 on public authorities abroad dealing with labour issues and social
security is added. In order to improve and promote the cooperation between the Bulgarian Ministry
of Labour and Social Policy and foreign countries’ public authorities and institutions dealing with
labour migration and labour mobility, the draft law builds on the already existing regulations
concerning the maintenance and development of a network of services for labour and social issues
within various representations of the Republic of Bulgaria abroad (Art. 64).
The Minister of Labour and Social Policy shall exercise the overall control over issues with
compliance arising from the draft law as well as over other regulations in this field contained in
additional pieces of legislation. Specialised control activities shall be carried out by the Directorate
58 Reasoning of the Draft Law on Labour Migration and Labour Mobility, available at http://parliament.bg/bg/bills/ID/15672/
59 Regulation (EU) № 2011/492 of the European Parliament and of the Council of 5 April 2011 on the Freedom of Movement for
Workers within the EU, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0492&from=PL
23
General on Labour which is the Executive Agency to the Ministry of Labour and Social Policy (Art.
67 and following).
Adopting the LLMLM would finally codify the existing legislation in the field of labour migration
and mobility in Bulgaria and would add some important changes, the introduction of which is
necessary for bringing national laws in line with the requirements of the three EU Directives whose
final deadline for implementation will expire in May 2016. With the exception of the proposed
Article 18 (3) concerning the minimum threshold of payment of a TCN, the overall text of the
LLMLM has been widely supported by trade unions such as the Confederation of Employers and
Industrialists in Bulgaria,60
the Bulgarian Industrial Association61
and the Bulgarian Industrial
Capital Association.62
In response to the ever-growing interest to facilitate the procedures for hiring third-country
nationals for the purposes of highly qualified employment (the issue of the "EU Blue Card") in
order to overcome the shortage of skilled workers in some industries amendments were adopted to
the Ordinance on the Terms and Conditions of the Issuance, Denial and Revocation of Work
Permits for Foreigners in Bulgaria (hereinafter, Work Permit Ordinance). The amendments were
promulgated in SG No 80 of 16 October 2015.
To ensure a lasting and equitable employment, with the amendments of the Work Permit Ordinance
the required term of employment for highly qualified specialists is set at no less than 12 months and
the amount of gross salary is to be at least 3 times higher than the average wage in the Republic of
Bulgaria according to the data available for the last 12 months before the conclusion of the
employment contract. This approach is consistent with the provisions of Directive 2009/50/EC and
ensures consistency of its application and flexibility to the needs of the labor market, as well as
security for both the employer and the employee without influencing the availability of employment
for Bulgarian citizens in a given profession. A number of provisions in the Ordinance will be
transferred to the new draft LLMLM.
Students and researchers
Section 6 of Chapter 2 of the new draft LLMLM regulates the terms and conditions for employment
of TCNs who are researchers, students or trainees. Article 36 (1) states that to TCNs who, following
an agreement, are appointed as researchers for the purposes of conducting a research project with a
specific organisation, can be employed for the duration of the project without the need for a work
permit. Such cases, however, need to be duly registered with the Employment Agency (Art. 36, par.
2). Short-term employment is also provided for.
Other aspects of legal migration
As part of the substantial draft amendments to the Law on Foreigners, presented in March 2016 by
the Ministry of Interior,63
explicit legal regulation is provided regarding documents on family ties,
60 Open Letter from the Confederation of Employers and Industrialists in Bulgaria to the Minister of Labour and Social Policy of the
Republic of Bulgaria, available at: http://krib.bg/bg/positions/Proekt-na-Zakon-za-trudovata-migratziya-i-trudovata-mobilnost/
61 Open Letter from the Bulgarian Industrial Association to the Minister of Labour and Social Policy of the Republic of Bulgaria
(07/01/2016), available at: http://www.bia-bg.com/standpoint/view/21436/
62 Open Letter from the Bulgarian Industrial Capital Association to the Chairman of the Parliamentary Commission on Economic
Policy and Tourism (11/01/2016), available at: http://parliament.bg/pub/cW/20160115122338kip-606-01-1%20-
%20ZTMTM%20-%20AIKB.pdf
63 Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria, available in
Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
24
issued abroad and presented before authorities monitoring foreigners in Bulgaria. A requirement is
proposed for them to be recognized and enforceable under Bulgarian law. This proposal is
motivated by contradictory practices and aims to create basic regulation to be developed in further
legislative packages.64
Thus, border control authorities shall not allow entry to Bulgaria to a person,
who is claiming to be family member of a Bulgarian citizen, but has not certified that within
reasonable time with some of the documents required by the law or another proper document.
Refusal shall be motivated and shall be appealable under the Administrative Procedure Code (Art.
8a, par. 4).
Managing migration, including visa policy and Schengen Governance
As part of the substantial draft amendments to the Law on Foreigners, presented in March 2016 by
the Ministry of Interior,65
new and amended regulations on the visa regime were introduced. The
Law (Art. 9b, par. 1) was amended to be harmonised with the recent ECJ C-575/12 decision, so that
TCNs can enter EU territory with a valid travel document and a valid visa in an invalid passport.
Amendments in the order for issuing visas, including short-term ones, and taking biometric data are
also introduced. It is proposed that refusals to issue visas be appealed before court under the
Administrative Procedure Code regarding their legality. Thus, clarity will be achieved as to the
scope of competence of court, regarding appeals on visa issuance refusals. This amendment is also
supposed to boost the prevention of the use of Bulgarian territory as transit point of persons,
intending to join terrorist groups.66
According to the proposed amendments, each business partner
applying for long-term stay visas for commercial activity shall be required to open 10 full time
workplaces, thus giving such visas only to persons with actual business activity.67
Stricter
requirements are also introduced for those applying for a visa as representatives of foreign
commercial companies. A preliminary check is proposed on the company’s activity abroad and the
origin of its assets. Thus, abuse of rights, provided to foreigners in this regard, will be avoided.68
After some amendments in 2013, revoking this possibility, foreigners will again be able to prolong
their stay if already on the territory of the country and unable to leave for reasons beyond their
responsibility.
Visa Policy
Until the end of March 2015, the Migration Directorate along with its regional structures was
operating under GDBP. After changes to the Law on the Ministry of the Interior, the Migration
Directorate was separated GDBP and Migration units and sectors were returned under the Sofia and
the regional MoI Directorates69
. The restructuring had a negative effect and led to the closure of
work positions and long term vacancies. With the aim to improve the effectiveness of the Migration
Directorate in the implementation of its functional responsibilities as participant in the coordination
procedure for issuance of long term residence visas, within the Lawful Migration and Bulgarian
64 Ministry of Interior, Reasoning to Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria,
available in Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
65 Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria, available in
Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
66 Ministry of Interior, Reasoning to Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria,
available in Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
67 Ministry of Interior, Reasoning to Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria,
available in Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
68 Ministry of Interior, Reasoning to Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria,
available in Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
69 Migration Directorate (2016): Analysis Report on the Activity of the Directorate Migration at the Ministry of the Interior during
2015. BG: Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г
25
Citizenship Department, two new sectors were created: “Visas, Residence Permits for Foreigners,
Bulgarian citizenship and Coordination” and “Administrative Servicing of EU Citizens and Their
Family Members. In 2015, 12 627 position statements were delivered on the issuing of long-term
stay visas (visa type D) by the Migration Directorate in coordination with SANS and Ministry of
Foreign Affairs (MFA) compared to 11 435 in 201470
.
Schengen governance
During 2015, the decision on Bulgaria’s entry in Schengen was postponed further71
, despite the
European Commission’s expression of support72
and the country’s fulfilment of technical
requirements. Bulgaria plans to further develop the National Visa Information System (NVIS) to
receive and import fingerprints, delivered by an external service provider. During the year, Bulgaria
took part in a number of Frontex Joint Operations (JO).
Operation Type Type of Participation
JO EPN Triton Sea Participating country
JO EPN Poseidon Sea (as of
28.12.2015 - Poseidon
Rapid Intervention)
Sea Participating country
European Patrols Network
(EPN) General
Sea Participating and host
country
JO Focal Points Sea Sea Participating and host
country
JO EPN Minerva Sea Participating country
Staff Exchange Land Host country
Joint Border Check Teams Land Host country
Rapid Intervention Exercise Land Participating country
JO Focal Points Land Host country
JO Focal Points 2014
extension
Land Host country
JO Pegasus Air Participating and host
country
JO Alexis Air Participating and host
country
JO Focal Points Air Participating and host
country
Source: Frontex Archive of Operations
70 Ibid.
71 Mediapool (6 October 2015) Пак се отлага приемането на Румъния и България в Шенген [The admission of Romania and
Bulgaria to Schengen is postponed]. Available at: http://www.mediapool.bg/pak-se-otlaga-priemaneto-na-bulgaria-i-rumaniya-
v-shengen-news240062.html
72 European Commission (2015), Seventh bi-annual report on the functioning of the Schengen area 1 November 2014 - 30 April
2015.
26
6. MIGRATION AND DEVELOPMENT
In view of Bulgaria’s negative net migration and significant migration outflow the developmental
aspect of migration policy is considered more relevant with regard to the use of the developmental
potential of Bulgarian emigrants abroad. Priorities of this nature are set in both the National
Strategy in the Area of Migration, Asylum and Integration (2015-2020) and in the National Strategy
for the Bulgarian Citizens and the Bulgarian Historical Communities Around the World.73
The
Strategy aims at the establishment of political framework for development of long-term and
integrated state policy for the Bulgarian citizens and the Bulgarian historical communities abroad.
The strategic goals are oriented towards the inclusion of the Bulgarian citizens residing temporary
or permanently abroad to the state and public life in Bulgaria; preservation of the Bulgarian ethnic
and cultural space abroad; improvement of the migration balance in the country; dissemination of
positive image of Bulgaria around the world and support to a Bulgarian lobby abroad.
Since 2006 the Ministry of Labour and Social Policy has established a network of Services for
Labor and Social Issues at some Embassies of the Republic of Bulgaria abroad. Presently eight such
Services are operational at the Bulgarian embassies in Athens, Berlin, Bern, Dublin, London,
Nicosia, Madrid and Vienna. The Services’ main functions include to assist in the implementation
of states’ policy in the field of free movement of workers and in the coordination of the social
security systems in the EU and in the protection of the rights of Bulgarian citizens in these
spheres.74
For the period in question no policy and legal amendments were enacted in the area of migration
and development.
7. IRREGULAR MIGRATION INCLUDING SMUGGLING
7.1. Background and national context
During 2015 migratory pressure on Bulgaria increased again after a drop in 2014 when border
control measures were tightened. The migration flow for the year was between two and three times
larger than for the previous twelve months. There were significant increases in the numbers of
irregular migrants apprehended at entrance (+68%) and exit (+359%), as well as inside the country
(+315%).75
The peak in apprehensions was observed during the months of August, September and
October, followed by a drop in November and December as weather conditions deteriorated. The
heaviest migratory pressure was experienced at entry points of the Bulgarian-Turkish green border
and the Bulgarian-Serbian border on exit. During 2015 Bulgaria once again registered most
clandestine entry attempts at BCPs (90% of all attempts in the EU for the second quarter of the
year76
) by foreigners hiding in trucks and other vehicles.
Due to the challenging and highly dynamic situation at the Greek-Macedonian border, which is in
close proximity to the Greek-Bulgarian border, IOM, SANS, Ministry of Defense (MoD) and MoI
adopted a common crisis management plan to be implemented in the case the migrant flow is
73 Accepted by Decision of the Council of Ministers N 30.41 from 23.07.2014
74 http://www.mlsp.government.bg/index.php?section=CONTENT&I=266&lang=
75 Ministry of the Interior (2015), Report on the Activity of the Ministry of the Interior during 2015, p. 8.
76 Frontex (2015), Risk Analysis Network Quarterly Report: July-September 2015.
27
redirected towards Bulgaria. In addition, MoI along with MoD carried out joint trainings and
coordination exercises also involving the Bulgarian Red Cross (BRC).77
The closing of the Balkan
migration route in March 2016, makes the existence of such preparedness even more salient.
7.2. Legal developments
Relevant provisions of the Bulgarian Criminal Code78
were significantly amended to raise penalties
and include new hypotheses of people smuggling. Currently, in its Article 280, the Code provides
for a penalty for smuggling of 1 to 6 years of imprisonment and fine of BGN 5000 to 20000.
Imprisonment of 1 to 10 years and a fine of BGN 10000 to 30000, plus confiscation of part of or the
whole property of the perpetrator, is provided for in case a person under 16 years of age is
smuggled; the smuggling took place without the person knowing; the person smuggled is not a
Bulgarian citizen; a motor, air or other vehicle was used, in this case the vehicle is given away to
the benefit of the state; the smuggling was organised by a group or organisation; the smuggling took
place in a manner dangerous for the lives of those smuggled. In a new hypothesis, imprisonment of
three to twelve years is imposed and a fine of BGN 10000 to 30000, plus confiscation of the part or
whole property of the perpetrator, if the act was committed with the participation of an official,
having benefited from his/her official position. According to Art. 281 of the Code, illegally aiding a
foreigner for material benefit to reside or pass through the country is penalized by up to 5 years of
imprisonment and a fine of BGN 3000 to 100000. A number of new, aggravated hypotheses are
added. Imprisonment of one to six years and a fine of BGN 5000 to 20000 are given, if the act is
committed using a vehicle, which is taken away to the benefit of the state; if it is organized by a
group or organization; if it is committed in a manner, dangerous for the life of the person; if it is
committed against a person under 16 years of age; if it is committed against more than one person.
Due to the increased migration flow and specific challenges in border management, steps were
taken during the reporting period to regulate the participation of the army in guarding Bulgarian
borders. In February 2015 an amendment was introduced in the Instruction on the Co-operation
between the Ministry of Defense and the Ministry of Interior.79
According to the new Art. 5a, armed
forces, if need be, support border police authorities in the monitoring and control over the state
border against illegal arms trafficking and armed provocations. In times of peace, armed forces may
logistically support police authorities, guarding the state border. Such tasks may include
transporting people, keeping and transporting material goods, technical assistance when repairing
devices, evacuation of devices and other property, exchange of experience and training of
mechanical specialists and operators of specialised technology, free provision of movable goods
and other tasks in accordance with legislation in force. For those joint actions, the Ministry of
Interior and the Ministry of Defense develop a joint operations plan, but military forces cannot be
tasked with the powers of the authorities under the Law on the Ministry of Interior.80
77 Dnevnik (5 March 2016) Общи учения по границата между "Гранична полиция" и военните [The border police and the Army
carry out joint trainings at the border]. Available at: http://novinite.bg/articles/107242/Obshti-ucheniya-po-granicata-mejdu-
Granichna-policiya-i-voennite
78 Criminal Code, SG No 26 of 2 April 1968, available in Bulgarian at http://www.lex.bg/laws/ldoc/1589654529
79 Instruction No M-3 of 18 July 2011 on the co-operation between the Ministry of Defense and the Ministry of Interior, SG No 60 of
5 August 2011, available at http://www.lex.bg/bg/laws/ldoc/2135744408
80 At the beginning of 2016 Bulgarian army was officially tasked on legislative level with participation in the guarding of Bulgarian
borders (Law on Amending and Supplementing the Law on Defense and Armed Forces of the Republic of Bulgaria, SG No 17
of 2016, available only in Bulgarian at: http://www.parliament.bg/bg/laws/ID/29770). According to a new provision in the Law
on Defense and Armed Forces of the Republic of Bulgaria (Art. 57, par. 2-3), armed forces are given this task by an act of the
Council of Ministers, which also determines the financial and other resource allocation for their participation. The Minister of
Defense determines rules on the use of force during the implementation of those tasks upon proposal of the chief of defense.
28
7.3. Policy developments and external border control measures
Border control - equipment and technical capacity developments
In 2015, the second section of the ISS (Integrated Surveillance System) at the Bulgarian-Turkish
green border between BCP Lessovo and the mouth of Rezovo river was completed and put in
operation. It was funded under the 2011-2013 annual programs of the External Borders Fund (ERF).
This has resulted in optimization of the control and use of resources on the operational level and
centralisation of management on the tactical level through the receipt and analysis of real-time
information. All efforts of the General Directorate Border Police (GDBP) have been aimed at
effectively preventing illegal border crossing and redirecting flows of migrants to the official border
control checkpoints, thus minimizing risks for the life and health of individuals and groups during
their attempts to enter Bulgarian territory through rugged and unknown terrains.
The extension of the already existing fence on the Turkish-Bulgarian border has continued in 2015.
Changes in the Law on Public Procurement gave the opportunity for direct assignment of the
construction of the remaining 132 kilometers due to their importance for national security.
However, the construction has been slowed down significantly because of the difficult terrain81
and
will continue in 2016. In addition, the GDBP has been granted assistance under the Internal
Security Fund 2014-2020, intended for the procurement of new vehicles for the needs of the border
police.
As a result of the completion of a project under the Multiannual Programme 2012-2013 of the
External Borders Fund, electronic counters for the automated control of EU citizens at the Bourgas
international airport (four e-gates) have been installed and put in operation. Bulgaria is in the
process of building Advanced Passenger Information (API) and Passenger Name Record (PNR)
systems, together with the relevant national unit for information processing. Currently API data is
used inconsistently only for certain flights arriving at Bulgarian airports.
In addition, equipment to detect nuclear and radioactive materials has been delivered, installed and
put in operation at the following border checkpoints: Varna and Plovdiv Airports, checkpoints
Kardam, Rousse, Zlatarevo, Oltomantsi and Stanke Lisichkovo. Installations for radiation control at
the Bourgas Airport are under construction and are scheduled for completion in early 2016.
Other activities to improve the effectiveness of controls at external borders (e.g. training and
policy)
The Ministry of Interior (MoI) currently continues the joint special police operation (SPO) started in
November 2013, which aims to ensure adequate protection of the Bulgarian-Turkish and the
Bulgarian-Greek borders. A monthly average of 200 officers from regional Directorates of the
Ministry of Interior and 350 officers from territorial structures of the GDBP together with 76 pieces
of transport equipment have been redirected and deployed on these borders from the inside of the
country82
. At the same time this has significantly strained law enforcement capacities within the
country, especially in smaller localities and rural areas83
. In order to alleviate this problem, the
General Directorate Border Police has expanded its staff with 178 officers and a further 150
81 Новините (9 September 2015) Бави се довършването на оградата по границата с Турция. [The completion of the fence on the
border with Turkey is delayed]. Available at: http://novinite.bg/articles/99273/Bavi-se-dovarshvaneto-na-ogradata-po-granicata-
s-Turciya
82 Министерство на вътрешните работи (2015), Отчет за дейността на МВР през 2015 [Ministry of the Interior (2015) Activity
Report 2015].
83 Ibid.
29
positions are open. With means from the MoI reserve, the staff of RDBP Smolyan has been
increased with an additional 30 work positions and of RDBP Elhovo - with 139.
In order to ensure the quick familiarization and integration of new staff in the activities of the
border police, a short course for initial professional training has been developed, implemented in
2015 and concluded in January 2016. In 2015, officers working at the external borders have
participated in different training activities:
Multidisciplinary approach to combat human trafficking through the transfer of
knowledge and best practices from Schengen area Member States - 41 employees
Access to territory and proceedings for granting international protection- 20
employees
Strengthening the principles for respect of human rights in police activities - 8
employees
Program for anti-terrorism support to the US State Department on Recognition of
False Documents and Analysis of Behavior - 59 employees
In fulfillment of the schedule for employee training of the Police Academy, officers have
participated in the following courses:
Border control and management – 56 officers
Schengen acquis related to the implementation of police powers and compensatory
measures - 16 officers
In addition, in order to counteract the attempts of illegal border crossing by using forged, false or
assigned documents, a 4-day course for further training in the detection of counterfeit and falsified
documents for experts and junior experts was held in 2015. A total of 48 officials from all RDBP
participated. 15 pieces of combined magnifying glasses with different light sources have been
delivered in 2015. A total of 364 cases of attempted illegal border crossing of the Republic of
Bulgaria using false, forged ceded documents have been detected in 2015. In 2012 and 2013, 204
and 479 attempts respectively were registered.84
Furthermore, during 2015, 196 officers and 12
trainers directly engaged in monitoring the border checks have been trained to work with the
radiation control equipment and central alert station. The staff of the Specialized Center for
Temporary Accommodation of Foreigners (SCTAF) attended a training seminar on the Dublin
Regulation and Eurodac, organized by the UN High Commissioner for Refugees.
In 2010 the GDBP signed a tripartite memorandum for cooperation with the Bulgarian Helsinki
Committee (BHC) and the Office of the UN High Commissioner for Refugees. Under the
agreement a working group consisting of representatives of the three sides performs monitoring
visits on border checkpoints and observes the process. In May 2015, the report from the visits
carried out during 2014 was published85
. The authors noted that the cooperation mechanism has
already led to positive developments, such as the drastic reduction in 2014 compared to the previous
year of cases of migrants who subsequently applied for asylum after being apprehended but were
nevertheless prosecuted for having entered Bulgarian territory illegally86
. Another issue raised by
the report is that refusals of entry might constitute a breach of the non-refoulement principle. In
84 Главна Дирекция Гранична Полиция (2014), Резюме: Анализ на Риска 2014 [Chief Directorate Border Police (2014)
Summary: Risk Analysis 2014]. http://www.nsgp.mvr.bg/NR/rdonlyres/3716D320-6080-4EC3-ADDC-
41CE365FC6C6/0/Analiz_2013_FINAL.pdf
85 Bulgarian Helsinki Committee (2015), Annual Report on Border Monitoring in 2014.
86 Ibid.
30
2015, the number of entry refusals was 110687
compared to 6400 in 201488
, despite the increase in
migration flow.
Nevertheless, MoI is taking steps towards ensuring the protection of the rights of migrants. During
2014, MoI employees attended a number of courses focusing on working with migrants and on
protecting their rights.89
The protection of human rights in the context of increased migratory flow
have been incorporated in the annual activity plans (including in the one for 2015) of the Standing
Commission for Human Rights and Police Ethics at MoI.90
International agreements with third countries on cooperation in border management
On 25 May 2015, an Agreement for the Construction and Operation of Joint Contact Centre for
Police and International Cooperation (JCCPIC) between Bulgaria, Turkey and Greece at the
Kapitan Andreevo BCP was signed by the relevant parties. The agreement is expected to enter into
force upon ratification from all sides.
On 25 October, eight Balkan states, including Bulgaria and Austria, met in Brussels to discuss the
migrant crisis. The delegates adopted a 17 Point Action Plan including concrete measures on
ensuring permanent exchange of information, limiting secondary movements, supporting refugees
and providing shelter and rest, managing the migration flows, strengthening border management,
tackling smuggling and trafficking, providing Information on the rights and obligations of refugees
and migrants, and monitoring91
.
Countering irregular migration through misuse of family reunification
In order to improve efforts at countering the abuse of family reunification, a manual on arranged
marriages was developed and disseminated among the staff of Migration units of Regional
Directorates of the Ministry of the Interior throughout the country.92
In addition, active monitoring
was introduced of marriages for which evidence exists that their aim is to circumvent established
rules.
Countering facilitation of irregular migration
Bulgarians consistently ranked among the top ten nationalities of facilitators of irregular migration
for 2015.93
In 2015 the MoI has stepped up efforts to address human smuggling - in the third quarter
87 Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г. [Directorate “Migration”
(2016) Report-analysis of the Activities of Directorate “Migration” – MoI in 2015]
88 Bulgarian Helsinki Committee (2015), Annual Report on Border Monitoring in 2014.
89 Постоянна комисия по правата на човека и полицейска етика в МВР (2014), Годишен отчет за дейността на постоянна
комисия по правата на човека и полицейска етика в МВР 2014г. [Annual Report pf the Permanent Comission on human
rights and police ethnics at the Ministry of the Interior 2014] https://www.mvr.bg/NR/rdonlyres/DFCA87CA-7FB6-4A76-
AEDE-52D3C1CA6D8C/0/Otchet_PKPCPE_2014.pdf
90 Постоянна комисия по правата на човека и полицейска етика в МВР (2015), План за дейността на постоянната комисия по
правата на човека и полицейска етика в МВР през 2015г. [Activity Plan of the Permanent Commission on human rights and
police ethics at the Ministry of the Interior in 2015] https://www.mvr.bg/NR/rdonlyres/308C62C2-DA41-4C8D-87BA-
39F09F3BCBCB/0/Plan_PKPCE_2015.pdf
91 European Commission Press Release: Meeting on the Western Balkans Migration Route. Available at: http://europa.eu/rapid/press-
release_IP-15-5904_en.htm (26 March 2015)
92 Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г. [DReport-analysis of the
activities of Directorate “Migration” at MoI in 2015].
93 Frontex (2015), Risk Analysis Network Quarterly Report: September- December 2015.
31
of the year authorities have registered an 250% increase of apprehended facilitators in comparison
to the second quarter.94
The upward trend has been observed in the last few years – in 2015, 520
facilitators were apprehended compared to 239 in 2013, and 150 in 2010.95
Information gathering activities were carried out with regard to nationals of third countries, reasons
for their presence on Bulgarian territory and connections to Bulgarian nationals. Several specialized
police operations were conducted on the territory of Sofia and the entire country aimed at
counteracting illegal migration and migrant smuggling. In total, 227 Special Police Operations were
conducted by Migration units of Regional Directorates of MoI throughout the country and as a
result the number of apprehended illegally residing migrants increased more than four-fold
compared to 2014.96
Living conditions of illegally staying third country migrants
Currently amendments to the Law on Foreigners in the Republic of Bulgaria are proposed, which
will allow the designation of sections of the Specialized Centre for the Temporary Accommodation
of Foreigners (SCTAF), which house migrants who are subject to forced return measures, for the
accommodation of migrants for purposes of identification and designation of follow-up measures.97
8. RETURN
8.1. Background and national context
In 2015, a decrease in the number of returned foreigners was observed. 556 persons were subject of
forced return measures, a 17% decrease compared to 201498
. The decrease is due to insufficient
funding99
. During the first half of 2015, the Directorate Migration disposed only of the funds
allocated under the 2013 Annual Program of the European Return Fund, with which 45 foreigners
were returned, bringing the total of returned third country nationals to 197, 47 more than the
planned 150 for the whole program period100
.
In 2015, 91 persons subject to forced return, left the country on their own expenses101
compared to
79 during the previous year. 89 foreigners were returned with the assistance of Directorate
“Migration” as part of programs for assisted voluntary return implemented by the Mission of the
94 Frontex, Western Balkans Risk Analysis Quarterly Report: July-September 2015.
95 Главна Дирекция Гранична Полиция (2014), Анализ на Риска 2014 [Chief Dorectorate Border Police (2014) Risk Analysis
2014], http://www.nsgp.mvr.bg/NR/rdonlyres/3716D320-6080-4EC3-ADDC-41CE365FC6C6/0/Analiz_2013_FINAL.pdf
96 Министерство на вътрешните работи (2015), Отчет за дейността на МВР през 2015 г. [Report on the MoI Activities in 2015].
97Ministry of the Interior (2015): Draft Amendments to the Law on Foreigners in Bulgaria.
98 Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г. [Report-Analysis of the
activities of Directprate “Migration” – MoI in 2015].
99 Ibid.
100 Ibid.
101 Ministry of the Interior (2015): Migration Statistics December 2015. Available at: https://www.mvr.bg/NR/rdonlyres/3BFDD98B-
84B0-4906-96BD-52697D8CDB44/0/Mesechna_spravka_dekemvri_2015.pdf
32
International Organization for Migration in Bulgaria, which is lower than the 330 illegally-staying
third country nationals in 2014102
.
8.2. Legal developments
As part of the substantial draft amendments to the Law on Foreigners, prepared in 2015 and
presented in March 2016 by the Ministry of Interior,103
harmonization of terminology with relevant
EU acts is proposed, whereas Bulgarian law starts using ‘return’ instead of ‘compulsory taking to
state borders’. As further step towards consistent application of return regulations, new grounds for
return are explicitly introduced: where the foreigner has a decision, having entered into force, for
refusal, termination or revocation of international protection or asylum, where the proceedings
under LAR have been terminated with a decision, having entered into force, unless the termination
has been issued with regard to a foreigner, for whom there is readmission decision; where the
foreigner has entered the country legally, but attempts to leave it not at regulated points or with
forged documents (Art. 41).
The process of allocation of foreigners is also included in the proposals. New paragraphs are
proposed in Art. 44, stipulating a new security measure of temporary nature, short-term placement
in a separate unit of the special homes for placement of foreigners. By way of differentiation to the
usual functions of the special homes, in those units foreigners will be subject to actions for initial
identification and assessment for the administrative measures to follow. Short-term placement shall
last up to 30 days and minors and juveniles shall be placed separately from adults. Short-term
placement orders shall be appealable under the Administrative Procedure Code.
In the additional provisions, definitions for state interest, humanitarian reasons, biometric data,
annulation and revocation of visas are proposed.
8.3. Policy developments
National Measures
The activities set out to achieve goal three of the 2015 Plan with regard to return include dialogue
with major migrant source countries in order to facilitate the return of illegally residing foreigners
and improving the effectiveness of return procedures. These planned measures were implemented to
a significant degree during the year.
Bulgaria has made steps towards establishing a mechanism for the monitoring of forced return. In
2015 a project financed under the Annual Program 2013 of the European Return Fund, was
completed resulting in the development of a Handbook for the Monitoring of Forced Return. The
handbook was tested on two forced return operations and Analytical Reports outlining findings
were produced. Furthermore, the Minister of the Interior has issued an order for familiarization with
and implementation of the common European Return Handbook by relevant authorities (DM,
GDBP, Sofia Directorate and Regional Directorates of MoI) as well as its inclusion in the
curriculum of the MoI Academy.
Cooperation with third countries
102 Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г. [Report-Analysis of the
activities of Directorate “Migration” – MoI in 2015].
103 Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria, available in
Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
33
On 21 January 2015, the Bulgarian government developed draft Protocol for the Implementation of
the Agreement between the European Union and the Republic of Turkey on the Readmission of
Persons Residing without Authorisation. The Protocol outlines the conditions under which the
illegally residing migrants will be returned to Turkey, including the time-frames, necessary
documents, competent organs etc. Migrants will be returned through the Kapitan Andreevo-
Kapakule BCP. No readmission is envisioned through airport BCPs. So far no migrants have been
returned to Turkey as the mechanism is not yet operational104
. The agreement is expected to start
functioning in June 2016.
In order to improve efforts at preventing irregular migration, , in the framework of activity of the
Annual program 2013 of the European Return Fund, regular meetings with diplomatic
representatives of significant source countries (Algeria, Afghanistan, Palestine, Iran, Iraq, Nigeria
etc.) were held. During the first half of 2015 four meetings with staff of the Pakistani, Lebanese,
Afghani and Algerian embassies took place, focusing on matters of simplification of procedures for
issuing travel documents, cooperation on identification of persons and common efforts to promote
voluntary return. The active coopertaion with the Directorate Consular Relations of the Ministry of
Foreign affairs in the process of identification and issuing of travel documents for illegally residing
foreigners from countries that do not have diplomatic or consular representation in Bulgaria.
Cooperation with EU member states and organizations
The Migration Directorate implements return procedures, both voluntary and forced, as a main
instrument for countering illegal migration. Forced return of illegally residing foreigners is done
with EU funds in the implementation of the concluded agreements on readmission, as well as the
implementation of joint return flights organized by other Member States, coordinated and co-funded
by Frontex. In 2015, Directorate Migration participated in five joint Frontex flights organized by
the Kingdom of Spain to Pakistan, from Austria to Nigeria and Côte d'Ivoire, from Italy to Nigeria,
from Germany to Georgia and from Greece to Pakistan. As a result of the operations, 54 illegaly
residing TCNs have been returned to their countries of origin - 28 citizens of Nigeria, 17 of Côte
d'Ivoire, 6 to Georgia and 3 of Nigeria. It should be noted that the operation involving the flight to
Côte d'Ivoire, organized by the competent authorities of Austria, was done upon the request of the
Bulgarian Migration Directorate and is therefore a major success for Bulgaria. This was a pilot
operation for Frontex as well.
An illustration of the successful cooperation with Fronex is the conducted joint flight (23 September
2015) to Pakistan, which was the first such mission in which the Bulgarian Directorate Migration
organized the flight in partnership with the Netherland, Spain, Austria, Grmany and Poland. As a
result, 36 illegally residing citizens of Pakistan (15 from Bulgaria, 5 from the Netherlands, 7 from
Spain, 7 from Austria, one from Germany and one from Poland) have been returned. A medical
team and a psychologist were present on board. A representative of the Ombudsman of the Republic
of Bulgaria and a representative of Human Rights Watch monitored the implementation of the
return procedures during the entire flight.
The cooperation between the Mission of IOM in Bulgaria and the Ministry of Interior continued in
2015, reslulting in activities for promoting voluntary return. During the first six months of the year,
IOM consulted persons accommodated in the Specialised Homes for temporary Accommodation of
Foreigners (SHTAF) and to those arriving at the desks in the hall of administrative services to
foreigners in the building of the Migration Directorate regarding the legal opportunities for return to
the country of origin. The consultations were conducted as part of IOM activities under the
104 Министерски съвет (2015): Определени са процедурите за прилагане на реадмисионното споразумение между ЕС и
Турция [Procedures for the implementation of the Readmission Agreement between the EU and Turkey have been determined].
Avaliable at: http://www.government.bg/cgi-bin/e-cms/vis/vis.pl?s=001&p=0228&n=6650&g=&vis=000168 (28March 2015)
34
European Return Fund which expired on 30 June 2015. As a result of these efforts, 89 illegaly
residing foreigners have been returned to their country of origin.
9. COUNTERING TRAFFICKING IN HUMAN BEINGS
9.1. Background and national context
The key governmental body charged with defining and implementing the national policy and
strategy in the field of countering human trafficking is the National Commission for Combating
Trafficking in Human Beings (hereafter NCCTHB). On an annual basis, the Commission elaborates
a National Programme to Combat Trafficking in Human Beings and presents it to the Government.
Over the past few years, it has focused its work on several main areas including institutional and
organizational actions and development; prevention and raising awareness; training and
qualification of staff; protection, rehabilitation and reintegration of victims of trafficking; research
and statistical analysis; and international cooperation.105
Further to this, two separate referral
mechanisms – national referral mechanism for victims of human trafficking and coordination
mechanisms for referral and assistance of unaccompanied minors and children victims of trafficking
returning from abroad – have been designed to direct and synchronize the work of the national
stakeholders responsible for the return, support, reintegration and assistance of victims.106
The
organizational structure of the NCCTHB is supplemented by the Permanent Expert Working Group
comprised of leading experts from public, international and non-governmental organizations
engaged in the fight against human trafficking. A key task of this particular body is to serve as a
tool for external monitoring and assessment of the Commission’s work and the results achieved by
its policies at the national level.107
9.2. Legal developments
Amendments and supplements to the Law on Assistance and Financial Compensation of Victims of
Crime to bring it in line with the Directive 2012/29/EU of the European Parliament and of the
Council of 25 October 2012 establishing minimum standards on the rights, support and protection
of victims of crime, and replacing Council Framework Decision 2001/220/JHA were submitted to
the National Assembly (NA) and adopted at first reading.108
The amendments proclaimed that all
victims of crime of general nature are subject to assistance, while financial compensation remains
limited to the group of crimes, outlined by the law, among which human trafficking. All the
victim’s heirs are specifically included among the subjects of help and financial compensation, if
the victim has died as a result of the crime. Information to victims should be given ‘without undue
delay’. The volume of information to be given and the circle of the authorities, obligated to supply
it, are expanded. New authorities include Bulgaria’s diplomatic offices for victims abroad and
procedural representatives in all cases. Victims should also be informed about the authorities they
can complain to if their rights are violated. An obligation is introduced to take into account victim’s
individual specifics, when giving him/her information. Information is given orally or in writing by a
form in an accessible language victims understand.
105 MoI (2014) EMN Annual Policy Report 2013 on Migration and Asylum Policy in Bulgaria.
106 ibid.
107 NCCTHB (2015) Annual Report, p. 4.
108 National Assembly of the Republic of Bulgaria (2015), Draft Amendments and Supplements to the Law on Assistance and
Financial Compensation of Victims of Crime, available in Bulgarian at http://parliament.bg/bg/bills/ID/15664/
35
In case of death of the direct victim, psychological and practical help may be expanded onto
victim’s family members or the person he/she lived in co-habitation with, based on an individual
assessment. If needed, psychological help may be given also after obtaining financial compensation.
Practical help is expanded onto giving information about secondary or repeat victimisation and
ways to prevent it. Victim support organisations may provide shelter or other safe housing for
victims.
In 2015, the National Council for Support and Compensation of Victims of Crime (NCSCVC) re-
issued a specialised brochure on the rights of victims in Bulgarian, English, German and French. It
is offered for free circulation in police departments, bodies of the judiciary, victim support
organisations, regional administrations, the State Agency for Child Protection (SACP) and social
assistance directorates. The brochure is also downloadable from the Council’s re-designed website
www.compensation.bg. A mobile version of the website has been developed. The council’s website
has information in Bulgarian and English on the rights of victims, relevant Bulgarian and EU
legislation, contacts of relevant support entities and documents, needed for legal aid and financial
compensation of victims.109
On 14 September 2015, Children’s Centre for Advocacy and Support Zona ZaKrila was opened in
the city of Montana as a joint effort of UNICEF, one of the national television channels, the Social
Activities and Practices Institute (SAPI) and the municipality of Montana. It is considered an
innovative social service for children victims and witnesses of violence and crime. According to its
founders, it brings together good legal aid, medical, psychological and social practices and puts
children in their centre. The centre has been supported by a large-scale media and donation
campaign. The Ministry of the Interior (MoI) and the Social Assistance Agency (SAA) also partner
in the initiative. The centre provides continuous support and advocacy to children victims of
violence and to their families throughout the whole cycle of work on their case. Two more centres
of this type were expected to be opened until the end of 2015 in the cities of Sofia and Shumen.110
9.3. Policy developments
Institutional and organizational actions and development
In 2015, the State Agency for Child Protection (hereinafter SACP) was supplemented by a newly
established working group which elaborated a Coordination mechanism for collaboration between
institutions and organizations aiming to guarantee protection of the rights of unaccompanied foreign
children staying in Bulgaria – including those who have already been granted asylum and
international protection. It is important to mention that the mechanism in question has been
designed in line with the Coordination mechanism for cases of children victims of trafficking, thus
providing them with the protection and assistance they need, including measures of protection,
accommodation and care.
In addition to this, the State Agency for Refugees (hereinafter SAR) initiated the elaboration of a
mechanism for identifying vulnerable groups among migrants and refugees, which is specifically
aimed to support and assist victims of trafficking of human beings among those individuals who
have received a refugee status and international protection. In the upcoming months and years, the
NCCTHB also plans to cooperate with the United Kingdom and other states, in order to exchange
experience and best practices in developing efficient mechanisms for identification and protection
of victims of trafficking among vulnerable migrant groups. Furthermore, in 2016 the Commission
109 Ministry of Justice (2015), Letter No 66-00-165 of 06.10.2015 to the Center for the Study of Democracy, 6 October 2015. 110 UNICEF (2015) First in Bulgaria Zona ZaKrila Opened in Montana, 14 September 2015, www.unicef.bg/bg/article/Parvata-v-
stranata-Zona-ZaKrila-otvori-vrati-v-Montana/923?utm_source=G2++One-off+donors+INDV.&utm_campaign=042ad8d017-
eNewsletter_9+2015&utm_medium=email&utm_term=0_62d98b0eb0-042ad8d017-306559977.
36
will also conduct a comprehensive research into the specific factors characteristic for the trafficking
of vulnerable migrants, in order to make an objective assessment of their situation and needs.
The list of organizations and institutions working with the national referral mechanism has been
broadened to include the Executive Agency “General Labour Inspectorate”. In addition to this, it is
vital to point out the update and addition of the existing functional hotlines and online platforms for
protection, prevention and contacts of NGOs involved in the referral mechanism for victims of
human trafficking.
For the purposes of enhancing the capacities and efficiency of the Local Commissions for
Combating Trafficking in Human Beings (hereafter LCCTHB) and the better implementation of the
relevant national and local policies, the NCCTHB organized an international conference on
“Collaboration between protection of victims of human trafficking and provision of asylum.” In the
course of the initiative implemented together with foundation “Hans Seidel”, the UNHCR and the
Secretariat of the Council of Europe’s Convention on Action against Trafficking in Human Beings,
a number of leading international, European and Bulgarian experts in prevention of trafficking
exchanged best practices, provided conclusions and recommendations based on the latest analyses
and research.
In addition throughout 2015 the existing volunteer networks for prevention sessions aimed at
raising awareness f the trafficking risks among students from vulnerable groups, did expand.
Prevention and raising awareness
In 2015, the LCCTHB ran locally-oriented campaigns for the issue of labour exploitation and the
ensuing risks of trafficking for the more vulnerable groups in areas with higher levels of THB.
Similar initiatives with a focus on prevention of trafficking for the purposes of sexual exploitation
were also organized in all areas of the country where the LCCTHB operate. Furthermore, in the
light of the EU Anti-Trafficking Day, the NCCTHB and its local departments organized a series of
informational and prevention events, and activities aimed at raising awareness of the nature and
scale of trafficking in Bulgaria. With the assistance of NGOs such as the Foundation for Applied
Research and Communication, and Campaign 21, the initiatives were also designed to help potential
victims avoid the risks of internet and learn how to use it safely. In addition to this, a separate
awareness project was implemented in partnership with World without Borders targeting
specifically representatives of Roma communities found to be particularly vulnerable for the risks
of trafficking.
Throughout 2015, “Animus Association” also ran a national campaign for the prevention of
trafficking and labour exploitation of Bulgarians abroad, while also issuing leaflets designed for
victims of trafficking with useful contacts for assistance, and elaborating manuals for lawyers and
social workers, with guidelines regarding the legal procedures for protection of victims of
trafficking. Another NGO, particularly active in the policy implementation and engaged in various
field activities, is the “Demetra Association” running two crisis centers for children victims of
trafficking and violence in Burgas and the town of Sredets. In 2015, the organization initiated and
ran information campaigns aimed at persons from vulnerable groups accommodated in the crisis
centers and subjected to the risks of trafficking. Further to this, the “Demetra Association” planned
and conducted educational and clarifying talks for victims of trafficking at the crisis centers, in an
attempt to raise their awareness and prevent the risks of potential re-trafficking for the purposes of
sexual exploitation.
Training and qualification of staff
The 2015 the National Programme to Combat Trafficking in Human Beings featured the
organization and implementation of trainings for officials from SAR and MoI, with an emphasis on
37
improving their skills for the identification of victims of trafficking among migrants – an aspect that
will continue to be vital for the policies and initiatives countering trafficking in human beings. In
addition to this, the Ministry of Labour and Social Policy, in cooperation with the Center for
Development of Human Resources and Regional Initiatives, designed trainings for social support of
individuals and their families, with a specific emphasis and a separate module on human trafficking.
Another initiative was organized by the European Institute. Its project “Multidisciplinary approach
for countering human trafficking through transfer of knowledge and good practices of member
states from the Schengen area” allowed the elaboration of thematic training manuals related to the
issues of organized crime and human trafficking. It is important to point out that the guidelines
proposed were based on comprehensive research and assessment of the level of expertise and the
specific needs of officials from the Border Police and Migration, prosecutors, lawyers and experts
from the State Agency for National Security (hereafter SANS), the National Investigation Service
(hereafter NIS), the NCCTHB and its local departments. More than 150 law-enforcement officials
were trained and introduced to the regulations in the field of trafficking in human beings, to the
various forms of exploitation, to the role, structure and local departments of the NCCTHB, and to
the mechanisms guiding the national and international forms of cooperation.
Protection, rehabilitation and reintegration of victims of trafficking
On a local level, two of the big municipalities where the NCCTHB has local departments (the
LCCTHB in Varna and Burgas) granted the Commission with a free access to two municipal
properties, which were turned into Shelters for temporary residence of victims of human trafficking
and Centers for protection and assistance of trafficked victims. One additional facility of this kind in
Burgas was also awarded by the municipality to facilitate the reintegration of victims of trafficking
and their economic empowerment after the initial stay in the Centers. For the purposes of enhanced
protection and sheltering of victims of trafficking at the local level in Varna, the NCCTHB initiated
a partnership with the foundation “SOS – Families at risk” – an NGO which won the public
procurement for that particular service. In addition to this, the foundation also continued running a
local Crisis center for women and children victims of trafficking and retained its membership in the
Alliance for protection against human trafficking and violence based on gender.
In 2015, together with several other organizations, the NCCTHB engaged in key international
projects, including participation in the implementation of an overall programme – “Swiss-Bulgarian
cooperation for prevention of human trafficking, identification, protection, support, return and
reintegration of victims of trafficking”. The three-year-long programme (2015-2017) is comprised
of three separate project components coordinated and run jointly by the Commission, the foundation
“Animus Association” and the Mission of the International Organization for Migration in Bulgaria.
International cooperation
The efficient international cooperation at different levels and with different partners of the
NCCTHB is a vital part of its National Programme, as it facilitates the exchange of good practices
and the joint effort to counter trafficking in human beings on behalf of Bulgaria as a source country,
and on behalf of the transit and destination countries. In the course of 2015, the NCCTHB took part
in an international conference on countering severe forms of labour exploitation, with a specific
focus on the risk and factors for becoming a victim of trafficking. Further to this, the Secretary of
the NCCTHB attended the annual meeting between the National Rapporteurs and Anti-Trafficking
Coordinators from the EU member states and the countries from South-Eastern Europe – an
occasion where relevant and important definitional and legal amendments were made. Also, the
NCCTHB continued its successful partnership and participation in various international projects,
including “Children, Victims of Trafficking: Our Responsibility”, “Pan-European Monitoring of
38
Trafficking in Human Beings”, “Improving Coordination and Accountability towards Romanian
Unaccompanied minors Safety”, etc.
BIBLIOGRAPHY AND SOURCES
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persons as beneficiaries of international protection, for a uniform status for refugees or for persons
eligible for subsidiary protection, and for the content of the protection granted. Available at:
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Reasoning of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No
502-01-68. Available only in Bulgarian at: http://parliament.bg/bills/43/502-01-68.pdf
Draft Law on Labour Migration and Labour Mobility, 502-01-100, available in Bulgarian at:
http://parliament.bg/bg/bills/ID/15672/
Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures to
facilitate the exercise of the rights conferred on workers in the context of freedom of movement of
workers, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0054&from=BG
Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the
conditions for entry and stay of third-country nationals for the purpose of employment as
seasonal workers, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0036&from=en
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conditions of entry and residence of third-country nationals in the framework of an intra-corporate
transfer, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0066&from=EN
Law on Employment Promotion promulgated in SG No 112 of 29 December 2001, Sofia: National
Assembly of the Republic of Bulgaria, 2011, in force as of 1 January 2002, available only in
Bulgarian at http://lex.bg/laws/ldoc/-12262909
Reasoning of the Draft Law on Labour Migration and Labour Mobility, available at
http://parliament.bg/bg/bills/ID/15672/
Regulation (EU) № 2011/492 of the European Parliament and of the Council of 5 April 2011 on the
Freedom of Movement for Workers within the EU, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32011R0492&from=PL
40
Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic
of Bulgaria, available in Bulgarian at
https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm
Criminal Code, SG No 26 of 2 April 1968, available in Bulgarian at
http://www.lex.bg/laws/ldoc/1589654529
Law on Amending and Supplementing the Law on Defenяe and Armed Forces of the Republic of
Bulgaria, SG No 17 of 2016, available only in Bulgarian at:
http://www.parliament.bg/bg/laws/ID/29770
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Law on Assistance and Financial Compensation of Victims of Crime, available in Bulgarian at
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01-37. Available only in Bulgarian at: http://parliament.bg/bills/43/454-01-37.pdf
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content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=EN
Draft Law on Labour Migration and Labour Mobility, 502-01-100, available in Bulgarian at:
http://parliament.bg/bg/bills/ID/15672/
Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures to
facilitate the exercise of the rights conferred on workers in the context of freedom of movement of
workers, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0054&from=BG
Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the
conditions for entry and stay of third-country nationals for the purpose of employment as seasonal
workers, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0036&from=en
Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the
conditions of entry and residence of third-country nationals in the framework of an intra-corporate
transfer, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0066&from=EN
Policy and academic sources
Bezlov, T.,Yordanova, М. and Stoynova, N. (2016)Exploring links between corruption and
trafficking of women: the case of Bulgariа. Sofia: Center for the Study of Democracy.
Council of Europe (2016) 5th
General Report on GRETA’s Activities. Strassbourg: Council of
Europe
Eurostat (2015) Trafficking in Human Beings. Brussels: Eurostat.
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National Strategy in the Field of Migration, Asylum and Integration 2011-2020 (NSMAI)
(Министерски съвет (2011), Национална стратегия в областта на миграцията, убежището и
интеграцията 2011-2020 г., 23.02.2011, available at: www.mvr.bg/NR/rdonlyres/EBCD864F-
8E57-4ED9-9DE6-
B31A0F0CE692/0/NationalStrategyinthefieldofMigrationAsylumandIntgrationENG.pdf.),
National strategy for Integration of Beneficiaries International Protection in Bulgaria 2014-2020
(NSIBIP) (Министерски съвет (2014), Национална стратегия за интеграция на лицата,
получили международна закрила в Република България 2014–2020 г., 9. 07.2014, available at:
www.mlsp.government.bg/bg/docs/Refugees%20Integration%20Strategy-FINAL-July2014.pdf.)
NCCTHB (2015) Annual Report. Sofia: National Commission for Combating Trafficking in Human
Beings.
Treaty on the Functioning of the European Union. Available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN
UNHCR Representation in Bulgaria - Open Letter from the UNHCR Representation in Bulgaria to
the Law Commission of the Bulgarian Parliament on the Draft Amendments to the Law on Asylum
and Refugees No 454-01-37. Available at:
http://www.parliament.bg/pub/cW/20150123013341Komentari%20VKBOON_ZID%20ZUB454-
01-37.PDF;
International Detention Coalition - Open Letter from the International Detention Coalition to the
Law Commission of the Bulgarian Parliament on the Draft Amendments to the Law on Asylum
and Refugees No 454-01-37. Available at:
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Bulgaria” to the Law Commission of the Bulgarian Parliament on the Draft Amendments to the
Law on Asylum and Refugees No 454-01-37. Available at:
http://www.parliament.bg/pub/cW/20150427043516PG-535-00-9_27.04.15.pdf;
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and Migrants of the Bulgarian Helsinki Committee to the Law Commission of the Bulgarian
Parliament on the Draft Amendments to the Law on Asylum and Refugees No 454-01-37.
Available at: http://www.parliament.bg/pub/cW/20150427042636%D0%9A%D0%9F-539-00-
7...21.04.2015.pdf
Savova, I. (Oct. 2015) Country Report: Bulgaria, Aida Asylum Information Database.
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Serbia from Bulgaria, 20-22 October 2015;
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of abuse of refugees and migrants by the police.
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Labour and Social Policy of the Republic of Bulgaria, available at:
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42
Open Letter from the Bulgarian Industrial Association to the Minister of Labour and Social Policy
of the Republic of Bulgaria (07/01/2016), available at: http://www.bia-
bg.com/standpoint/view/21436/
Open Letter from the Bulgarian Industrial Capital Association to the Chairman of the Parliamentary
Commission on Economic Policy and Tourism (11/01/2016), available at:
http://parliament.bg/pub/cW/20160115122338kip-606-01-1%20-%20ZTMTM%20-%20AIKB.pdf
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https://www.hrw.org/news/2016/01/20/bulgaria-pushbacks-abuse-borders
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refugees.html?_r=0&module=ArrowsNav&contentCollection=Europe&action=keypress®ion=F
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Български език
Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет
за 2015 г., София, достъпен на: http://www.aref.government.bg/?cat=8, последно посетена на
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МВР, Месечна информация относно миграционната обстановка в Република България към
месец декември 2015 г., достъпна на: http://www.mvr.bg/NR/rdonlyres/3BFDD98B-84B0-4906-
96BD-52697D8CDB44/0/Mesechna_spravka_dekemvri_2015.pdf, посетена на: 21 март 2016 г.
Рамка на националния механизъм за изпълнение на ангажиментите на Република България
по Решение 2015/1523/ЕС и Решение 2015/1601/ЕС (Министерски съвет, Решение № 858,
4.11.2015 г.), достъпно на: http://nsmp.mvr.bg/NR/rdonlyres/810F96A5-987C-45E9-B662-
CB01B68E0B3D/0/RMS_relokaciya.pdf, последно посетена на 23 март, 2016 г.
43
Предпочитания по отношение на лицата, които ще бъдат преместени в Република България в
изпълнение на Решение 2015/1523/ЕС и Решение 2015/1601/ЕС, достъпно на
http://nsmp.mvr.bg/Dokumenti/nacionalen_mehanizum_relokaciya.htm, последно посетена на 23
март, 2016 г.
Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет
за 2015 г., София, достъпен на: http://www.aref.government.bg/?cat=8, последно посетена на
24.03.2015 г.
Дневник (5.03.2016) Общи учения по границата между "Гранична полиция" и военните [The
border police and the Army carry out joint trainings at the border]. Available at:
http://novinite.bg/articles/107242/Obshti-ucheniya-po-granicata-mejdu-Granichna-policiya-i-
voennite
Новините (9.09.2015) Бави се довършването на оградата по границата с Турция. [The
completion of the fence on the border with Turkey is delayed]. Available at:
http://novinite.bg/articles/99273/Bavi-se-dovarshvaneto-na-ogradata-po-granicata-s-Turciya
Главна Дирекция Гранична Полиция (2014), Резюме: Анализ на Риска 2014. Може да се
намери тук: http://www.nsgp.mvr.bg/NR/rdonlyres/3716D320-6080-4EC3-ADDC-
41CE365FC6C6/0/Analiz_2013_FINAL.pdf
Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през
2015 г. - него го пратиха от МВР, но доколкото знам май не е публичен още
Министерство на Вътрешните работи (2015) План за дейността на постоянната комисия по
правата на човека и полицейска етика в МВР през
2015. https://www.mvr.bg/NR/rdonlyres/308C62C2-DA41-4C8D-87BA-
39F09F3BCBCB/0/Plan_PKPCE_2015.pdf
Министерство на Вътрешните работи (2015) Годишен отчет за дейността на постоянна
комисия по правата на човека и полицейска етика в МВР
2014г. https://www.mvr.bg/NR/rdonlyres/DFCA87CA-7FB6-4A76-AEDE-
52D3C1CA6D8C/0/Otchet_PKPCPE_2014.pdf
44
LIST OF ABBREVIATIONS
API Advanced Passenger Information
BCP Border Check Point
BHC Bulgarian Helsinki Committee
DM Directorate Migration at the Ministry of the
Interior
ERF, ERF External Borders Fund, European return Fund
GDBP General Directorate “Border Police” at the
Ministry of the Interior
JCCPIC Joint Contact Centre for police and International
Cooperation
ISS Integrates Surveillance System
LAR Law on Asylum and Refugees
MES Ministry of Education and Science
MLSP Ministry of Labour and Social Policy
MoD Ministry of Defense
MoI Ministry of the Interior
NCMI The National Council on Migration and
Integration
NEA National Employment Agency (at the Ministry
of Labour and Social Policy)
NSI National Statistical Institute
NSIPRIPRB National Strategy for Integration of persons who
received International protection in the Republic
of Bulgaria (2014 – 2020)
NSAMAI National Strategy in the Area of Migration,
Asylum and Integration (2015 – 2020)
NSMAI National Strategy on Migration, Asylum and
Integration (2011 – 2020)
NSSI National Social Security Institute
PNR Passenger Name Record
RDBP Regional Directorate “Border Police” at the
Ministry of the Interior
SABA State Agency for Bulgarians Abroad
SACP State Agency for Child Protection
SANS State Agency for National Security
SAR State Agency for Refugees at the Council of
Ministers
SHTAF Specialized Home for Temporary
Accommodation of Foreigners
45
ANNEX: IMPLEMENTATION OF EU LEGISLATION
In 2015, two sets of amendments and supplements to the Law on Asylum and Refugees (hereafter
‘LAR’) were adopted, one in October and one in December.
The first important set of amendments and supplements to the LAR was adopted on 2 October 2015
and came into force on 16 October. They serve to transpose Directive 2011/95/EU on the standards
for the qualification of third-country nationals or stateless persons as beneficiaries of international
protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for
the content of the protection granted (hereafter ‘the Qualification Directive’) as well as Directive
2013/33/EU, which lays down the standards for the reception of applicants for international
protection (hereafter ‘the Reception Conditions Directive’), into Bulgarian legislation. Both
directives being beyond their transposition deadlines, the amendments brought Bulgarian legislation
in line with EU law through introducing new provisions in accordance with the standards of the
Common European Asylum System and through harmonising the already existing provisions.111
Another set of amendments to the LAR was adopted in December 2015 to transpose into Bulgarian
legislation Directive 2013/32/EU on the common procedures for granting and withdrawing
international protection112
(hereafter the ‘Common Procedures’ Directive) whose main objective is
to further develop the standards and procedures for granting and withdrawing international
protection status in Member States with a view to establishing a common asylum procedure in the
EU.
Through the adoption of the two amendment packages to the Law on Asylum and Refugees in
October and December 2015, Bulgaria not only fulfilled its commitments arising from its
membership in the EU, but also significantly improved its Law on Asylum and Refugees by filling
a number of existing legislative gaps in this area, synchronising some important concepts and
introducing provisions that contribute to a more effective carrying out of the procedures for granting
international protection in respect for the fundamental rights of those seeking protection while at the
same time ensuring that public order and national security are not jeopardised.
A Draft Law on Labour Migration and Labour Mobility (hereafter ‘LLMLM’) was approved on 23
December 2015 with Decision № 1018 of the Council of Ministers, was submitted to Parliament
and is expected to come into force in May 2016.113
Its main objective is to transpose the provisions on the free movement of workers within the
European Union and the employment of third-country nationals which are contained in three recent
EU Directives – Directive 2014/54/EU of the European Parliament and the Council of 16 April
2014 on the measures to facilitate the exercise of the rights granted to workers in the context of
freedom of movement of workers114
, Directive 2014/36/EU of the European Parliament and of the
Council of 26 February 2014 on the conditions for entry and residence of third-country nationals for
111 Reasons of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No 454-01-37. Available only in
Bulgarian at: http://parliament.bg/bills/43/454-01-37.pdf
112Directive 2013/32/EU. Available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=EN
113 Draft Law on Labour Migration and Labour Mobility, 502-01-100, available in Bulgarian at:
http://parliament.bg/bg/bills/ID/15672/
114 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures to facilitate the exercise of the
rights conferred on workers in the context of freedom of movement of workers, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0054&from=BG
46
employment as seasonal workers115
and Directive 2014/66/EU of the European Parliament and of
the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals
within the intra-corporate transfer116
.
115 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions for entry and stay of
third-country nationals for the purpose of employment as seasonal workers, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0036&from=en
116 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of
third-country nationals in the framework of an intra-corporate transfer, available at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32014L0066&from=EN