Measure Implementation

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

The Republic of Bulgaria has implemented in its domestic law Council Framework Decision 2009/829/JHA on supervision measures through the Bulgarian Recognition, Execution and Transmission of Decisions on Supervision Measures Other Than Measures Which Require Detention Act from 2016. The Bulgarian law requires that the certificate should be accompanied by a certified copy of the decision on the supervision measures.

Legal Framework

International legal framework applicable for this measure in your Member State

FD 2009/829/JHA on supervision measures Recognition, Execution and Transmission of Decisions on Supervision Measures Other Than Measures Which Require Detention Act

Competent Authority

* receive the request/decision for judicial cooperation

Competent authorities in the Republic of Bulgaria to recognize decisions on supervision measures issued in another Member State of the European Union are the district courts of the person's residence. Where the person on whom the measure is imposed has no permanent residence in the territory of the Republic of Bulgaria, the competent court to recognise the decision is the Sofia City Court.

Accepted languages

Accepted languages for the request/decision

The Republic of Bulgaria accepts the certificate pursuant to Article 10 (1) of the Framework Decision with a translation into the Bulgarian language.

Execution deadline

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

The court institutes recognition proceedings and issues a ruling within 14 days of receipt of the decision and the certificate. This ruling may be subject to appellate review.

Concise legal practical information

Special requirements

The Bulgarian court may refuse to recognise the decision on supervision measures when: 1. the certificate is incomplete or does not comply with the decision on supervision measures; 2. the conditions of the following provisions are not met - when the person resides for a long time or permanently in the territory of the Republic of Bulgaria, provided that said person has expressed consent to return to its territory, after being informed by the issuing state of the relevant measures, or the person does not reside for a long time or permanently in the territory of the Republic of Bulgaria, but the said person has requested the competent authority of the issuing state the measure to be executed in the Republic of Bulgaria (in this case the court notifies the competent authority of the issuing state that it agrees to receive the decision); 3. the decision imposes measures in respect whereof the Republic of Bulgaria has not stated that it will exercise monitoring; 4. recognition of the decision would contravene the "ne bis in idem" principle; 5. the decision is taken in connection with an act which does not constitute an offence under the Bulgarian law with the exception of the acts referred to in Article 6 (2) - i.e. acts related to cases in which double criminality is not required, where the Bulgarian law entirely complies with Article 14 (1) of the Framework Decision; 6. the criminal prosecution is statute-barred under the Bulgarian law and the act falls within the jurisdiction of a Bulgarian court; 7. the person on whom the measure was enacted has immunity under the Bulgarian law; 8. the decision is taken for a person who because of his/her age, according to the Bulgarian law, may not be criminally responsible for the acts in respect of which the measure was imposed; 9. in the event of a breach of a supervision measure imposed, the court shall refuse to surrender the person concerned in accordance with Chapter Five of the Bulgarian Extradition and the European Arrest Warrant Act (the court informs the competent authority of the issuing state of the existence of these grounds for refusal of recognition, if it considers nevertheless that the decision may be recognised and executed. If, after the notification, the competent authority of the issuing state does not withdraw the certificate, the court may recognise and execute the decision on supervision measures, and in this case the surrender of the person based on an EAW shall be refused).

Last reviewed on 21 March 2024 by EJN Secretariat

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