Fiches Belges: Bulgaria

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, by virtue of the Law on the European Protection Order. ‘European protection order’ is an act, issued by a competent authority of a member-state by virtue of which a competent authority of another member-state shall take any appropriate measure or measures under its own national law with a view to continuing the protection of the protected person. The European protection order shall be issued in a sample form. The European protection order shall be issued on the basis of adopted protection measure. The protection measure includes one or more of the following prohibitions or limitations, imposed to a person who creates danger: 1. a prohibition from entering certain localities, places or defined areas where the protected person resides or visits; 2. a prohibition or regulation of contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; 3. a prohibition or regulation on approaching the protected person closer than a prescribed distance. The protection measure shall be adopted under criminal case in a member-state with regard to the protection of a person who became victim of a crime against his/her life, bodily, psychic or sexual inviolability, personal liberty or dignity.

International legal framework applicable for this measure in your Member State

DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 on the European protection order.

* receive the request/decision for judicial cooperation

The authority in the Republic of Bulgaria that is competent to recognize the European protection order issued in a EU member-state is the district court at the place of residence of the protected person. In cases when the protected person has no place of residence of in the Republic of Bulgaria the authority that is competent to recognize the European protection order is Sofia City Court.

* execute/recognise the measure (if other than the receiving authority)

N/A

Accepted languages for the request/decision

Bulgarian and English language.

Deadlines for the execution of the request/decision (where applicable)

When the European protection order is received via the post, electronic mail, fax or in any way that permits recording and verification of authenticity, the court shall initiate proceedings referring to its recognition and shall issue a decision in term of three days.

a. Special requirements

The court may request additional information from the competent authority of the issuing state and shall define a deadline for receiving of such information. The court session shall be deferred until the end of the deadline. The court shall issue a ruling, by virtue of which: 1. recognizes the European protection order and defines a protection measure, envisaged under the Bulgarian law, which corresponds to the maximum extent to the protection measure defined in the issuing state; the protection measure defined by the court may not be heavier than the measure defined in the issuing state; 2. refuses to recognize the European protection order on some of the grounds envisaged under the law. The ruling of the court is final. The court shall inform the person who creates danger, the competent authority in the issuing state and the protected person about the ruling, by virtue of which the European protection order is recognized and about the possible consequences of breaking of the defined protection measure envisaged under the Bulgarian law. The address or the other contact data of the protected person shall not be announced to the person who creates danger, except when such data shall be announced with regard to the performance of the measure. The court immediately shall notify the competent authorities of the issuing state and the protected person about its refusal to recognize the European protection order and about the grounds for the refusal. The court shall also notify the protected person about the opportunity to request a protection measure under the rules of this law and about all applicable means of legal protection envisaged under the law. If necessary the court shall hold consultations with the competent authority of the issuing state.

b. Other useful information

The court may refuse to recognize the European protection order when: 1. the European protection order is not complete or has not been completed within the time limit set by the competent authority of the executing State; 2. the measure under the European protection order differs from the limitations and prohibitions imposed to a person who creates danger; 3. the measure under the European protection order is defined with regard to an act, which does not constitute a crime under the Bulgarian legislation; 4. the measure under the European protection order is defined with regard to a crime covered by an amnesty under the Bulgarian legislation and the relevant case falls under the jurisdiction of the Bulgarian court; 5. the person who creates danger enjoys immunity, which makes impossible the performance of the protection measure; 6. the criminal prosecution for the crime is statute-barred and and the relevant case falls under the jurisdiction of the Bulgarian court; 7. the recognition of the European protection order would be in contradiction to ne bis in idem principle; 8. the measure under the European protection order is defined with regard to a person who due to his/her age, could not have been held criminally liable for the acts in respect of which the measure is defined; 9. the measure under the European protection order refers to a crime, which according to the Bulgarian legislation is considered as fully or predominantly committed on the territory of Republic of Bulgaria.