Bulgaria - The social impact of seasonal migration

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Human Rights and Fundamental Freedoms (ECHR). The statute includes and regulates
the following important issues:
• The adoption of the non-refoulement principle enshrined in Art.33 of the Geneva
Convention of 1951, Art.3 and Art.5 of ECHR and in the EU acquis (Resolution on the
minimal guarantees in procedures for the granting of asylum);
• Every individual who has filed an application is guaranteed access to procedure;
• Precise regulation of the cases when the interviewer is to take decision on the
application and the types of decisions;
• The term of the humanitarian protection is amended with a view to the adoption of
permanent decisions in a long-term perspective;
• There is clear distinction between saving and resolutive clauses, in accordance with
the Geneva Convention of 1951;
• A summary procedure is envisaged in the cases of expressly unfounded applications
in accordance with the EU Resolution of 1992 concerning obviously unfounded
requests for asylum. The role, independence and qualifications of the bodies
responsible for the summary procedure and the decisions within its framework are
clearly defined;
• The term for appeal within the summary procedure is increased from 24 hours to 3
days;
• A principle, that applications must be registered with state and local bodies which
have received clear and detailed instructions on refugees, is adopted. This is in
compliance with the requirements of the EU Resolution on the minimal guarantees in
procedures for the granting of asylum, enacted on 20 June 1995;
• Applications for asylum are reviewed by bodies qualified in the issues of asylum and
refugees, as envisaged by the Resolution mentioned in the preceding paragraph;
• Practical measures have been implemented to guarantee the rights of the vulnerable
groups of refugees and of individuals with specific needs, as envisaged by the
Foreigners Act. The emphasis is on the complete guarantee of the rights and on the
special care for unaccompanied juvenile foreigners;
• The principle, enshrined in the EU Resolution of 20 June 1995, that all necessary facts
and data may be found on the initiative of the interviewing authority is adopted as
well.
The Employment Promotion Act of 29 December 2001 creates the legal possibility for
work under labour contract, or for business trips, within the framework of services
rendered by foreigners on the territory of the Republic of Bulgaria. The statute
establishes legal guarantees against direct or indirect discrimination, and for equal
treatment of the legally employed foreigners with regard to work conditions,
remuneration, termination of contract, etc. There are provisions envisaging the
possibility for Bulgarians to work abroad.
Provisions related to the terms and conditions of the foreigners’ residence in Bulgaria
may be found in the State Property Act, Municipal Property Act, Obligations and Contracts