Fiches Belges

Directive 2011/99/EU on European Protection Order is implemented in Bulgarian national law through the European Protection Order Act.

Directive 2011/99/EU on European Protection Order The Bulgarian European Protection Order Act/EPO Act

The competent authority in the Republic of Bulgaria for recognizing a European protection order issued in another Member State is the district court for the protected person’s place of residence. Where the protected person is not resident in the country, the Sofia City Court is competent for recognising the European protection order. - The competent authority for issuing a European protection order in the Republic of Bulgaria is the court competent to examine the case in which a coercive measure is adopted as a protection measure (Article 67 of the Code of Criminal Procedure). In cases where a probation measure consisting of ‘restrictions on free movement’ is imposed (Article 42b(3)(1) of the Criminal Code), the authority competent to issue a European protection order is the district court for the place of the order’s execution. Bulgaria has 113 regional courts, 28 district courts, 7 appellate courts, 3 military courts and 1 Supreme Court of Cassation. A list of the courts and their contact details can be found in the Annex https://www.ejn-crimjust.europa.eu/ejn/libdocumentproperties/EN/3255

The Republic of Bulgaria declares that it will accept European protection orders and notifications under Article 12 of the Directive that are translated into Bulgarian.

Upon receipt of a European Protection Order by post, e-mail, fax or otherwise allowing written recording and authentication, the court shall initiate recognition proceedings and give its decision within three days.

The court may refuse to recognize a European protection order if : 1. The order is not complete or has not been completed by the competent authority of the issuing State within the time limit set for such completion; 2. The measure under the order is different from the restrictions and prohibitions imposed on a person causing danger; 3. The measure under the order is decreed about an act that does not constitute a criminal offense under Bulgarian legislation; 4. The measure under the order is decreed about a criminal offense that is covered by an amnesty under Bulgarian legislation and the relevant criminal case falls within the competence of a Bulgarian court; 5. Immunity is conferred on the person causing danger, which makes it impossible to take a protection measure; 6. Criminal prosecution for the criminal offense is statute-barred and the relevant criminal case falls within the competence of a Bulgarian court; 7. Recognition of the order would contravene the ne bis in idem principle; 8. The measure under the order is decreed in respect of a person who, because of his or her age, under Bulgarian legislation, cannot be held criminally responsible for the acts about which the protection measure has been decreed; 9. The measure under the order relates to a criminal offense that, under Bulgarian legislation, is regarded as having been committed, wholly or mainly, within the territory of the Republic of Bulgaria. Under Article 14(1) of the EPO Act, a European protection order may be issued at the request of the protected person or his or her guardian or custodian, if the protected person intends to reside or already resides in the territory of another Member State. The request for the issuing of a European protection order may be submitted in Bulgaria or the Member State referred to in Article 14(1) of the EPO Act.