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|
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. 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. In 2020, Bulgaria adopted amendments to its national law which re-arranged the mandatory legal representation of unaccompanied asylum seeking and refugee children.  The responsibility for legal representation has been shifted from the local municipalities to selected legal aid lawyers from the National Legal Aid Bureau (NLAB), with requirements for qualification and clearly outlined responsibility and liability.
In 2020, an amendment to the law introduced an additional clause, which allows cessation or revocation of international protection where the status holders fails to renew his/her expired Bulgarian identity documents, or to replace them if they have been lost, stolen or destroyed, in a period of 30 days. Despite being contrary to 1951 Refugee Convention, the amendment was aimed at legalising a malpractice applied by the SAR since 2018. This broadened interpretation of the recast Qualification Directive introduces de facto an additional cessation ground in violation of national and EU legislation.
 European Commission, ‘November infringements package: key decisions’, MEMO/18/6247, 8 November 2018, available at: https://bit.ly/2RETZfR.
 National Parliament, Law on Amendment of the Law on Asylum and Refugees, State Gazette №89 from 16 October 2020, available at: https://bit.ly/37eFDJ9.
 Article 42(5) LAR, enforced on 20 October 2020.