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Migration

Immigration is a matter of common interest for the member states ever since the Treaty of Maastricht. It comes under intergovernmental cooperation in domestic affairs, and there is still no real European immigration policy. No regulations rules have been formulated for nationals of third countries entering and residing in the EU. However, the Union’s action plan of 3 December 1998 does provide for the adoption of specific measures in this area.

The EU works actively with countries that are the source of much immigration to improve their citizens' future prospects in their home environment. Special programs exist to promote respect for human rights and democracy and to encourage economic development. Procedures are also being put in place whereby immigrants caught trying to enter the EU illegally will be returned, with the agreement of their own governments, to their home countries.

Bulgaria made a significant progress in aligning with the migration acquis. The main legislation in this area includes:

  • Law on Foreign Nationals in the Republic of Bulgaria (LFN) and Regulations for its implementation;
  • Regulations for the Conditions and Order for Issuance of Visas by the Diplomatic Missions;
  • The Law on Employment Support;
  • Others.

Further steps are taken towards the full alignment with the migration acquis. In this respect, amendments to the Law of Foreign Nationals of April 2001 have aligned areas including joining family members, measures against fictitious marriages, easing the travel of students from third countries temporary residing in member states, employment of citizens of third countries, and others. Further amendments in April 2003 established provisions on carrier liability including penalties against carriers, which fail to meet the requirements established by the law. The law also provides for the establishment of special facilities, which will temporary shelter foreigners awaiting their expulsion from the country, and for the establishment of a National Registry of Foreign Nationals Temporary Residing in Bulgaria.

On 7 May 2003 the National Assembly adopted the Law on the Illegal Human Trafficking which is fully aligned with the UN Convention Against Organized Trans-border Crime and its two additional Protocols pertaining to prevention, deterrence and punishment of trafficking in humans and more specifically women.

The new Law on the Amendments to the Ministry of Interior Law, adopted in November 2003, provided for the establishment of a Migration Directorate in the Ministry of Interior. The Directorate manages and controls the stay of foreign citizens in Bulgaria including the issuing of their identity papers.

Bulgaria has fully aligned with the migration acquis and has concluded readmission agreements with all EU member states. Such agreements are also signed with Albania, Macedonia, Norway, Poland, Slovakia, Slovenia, Ukraine, Hungary, Czech Republic, Switzerland, Yugoslavia, Georgia, Croatia, Latvia, Estonia, and Lebanon. Negotiations with Turkey, Russia, Tunis and Cyprus are still ongoing. A special facility in Sofia for sheltering illegal immigrants awaiting expulsion from Bulgaria is currently under construction. Another house is going to be built by 31 December 2005 near the border with Turkey.

Progress in field of migration is an important step towards full alignment with the migration acquis. Further efforts are focused on a swift implementation of the new legislation as well as on further enhancing the administrative capacity.

 
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