ANNEX – Transposition of the CEAS in national legislation

Bulgaria

Country Report: ANNEX – Transposition of the CEAS in national legislation Last updated: 30/11/20

Author

Bulgarian Helsinki Committee Visit Website

The following section contains an overview of incompatibilities in transposition of the CEAS in national legislation:

Directive

Provision

Domestic law provision

Non-transposition or incorrect transposition

Directive 2013/33/EU

Recast Reception Conditions Directive

 

 

Article 8 of the recast Reception Conditions Directive remains the only transposed provision at national level.  

Regulation (EU) No 604/2013

Dublin III Regulation

 

 

The national law refers directly to the provisions of the Dublin III Regulation.

On 8 November 2018 the European Commission sent a letter of formal notice to the Bulgarian government concerning the incorrect implementation of EU asylum legislation.[1] The Commission has found that shortcomings in the Bulgarian asylum system and related support services are in breach with provisions of the recast Asylum Procedures Directive, the recast Reception Conditions Directive and the Charter of Fundamental Rights. Concerns relate in particular to: the accommodation and legal representation of unaccompanied children; the correct identification and support of vulnerable asylum seekers; provision of adequate legal assistance; and the detention of asylum seekers as well as safeguards within the detention procedure. The Commission indicated that if Bulgaria would not act within the next two months, the Commission would proceed with sending a reasoned opinion on this matter. In January 2019 the EC delegation made a follow-up visit to Bulgaria to inquire the post-notification developments, but further information on this was not made publicly available.



[1]           European Commission, ‘November infringements package: key decisions’, MEMO/18/6247, 8 November 2018, available at: https://bit.ly/2RETZfR.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – Transposition of the CEAS in national legislation