Reduction or withdrawal of reception conditions

Bulgaria

Author

Bulgarian Helsinki Committee

The reduction of material reception conditions is not possible under the law. Withdrawal is admissible under the law in cases of disappearance of the asylum seeker when the procedure is suspended.1 The SAR applies this in practice to persons returned under the Dublin Regulation.

Bulgaria does not apply sanctions for serious breaches of the rules of accommodation centres and violent behaviour, except for destruction of a reception centre's property, which is sanctioned with a fine between BGN 50 to 200 (€25.50-102) plus the value of the destroyed property.2 The grounds laid down in Article 20(2) and (3) of the Recast Reception Conditions Directive are not transposed into national legislation.

Under the law, the directors of transit / reception centres are competent to decide on accommodation.3 These decisions should be issued in writing as all other acts of administration.4 However, in practice asylum seekers are informed orally. Nonetheless, the refusal to provide accommodation still can be appealed before the relevant Regional Administrative Court within 7 days from its communication to the respective asylum seeker. Legal aid is available with respect to representation before the court once the appeal is submitted. In this case, however, asylum seekers face difficulties proving before the court when they have been informed about the accommodation refusal, which may result in cessation of the court proceedings.

Relating to subsequent applicants, see Criteria and Restrictions to Access Reception Conditions.

  • 1. Article 29(8) LAR.
  • 2. Article 93 LAR.
  • 3. Article 51(2) LAR.
  • 4. Article 59(2) Administrative Procedure Code.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti