1.1
OVERVIEW OF THE LEGAL FRAMEWORK IN BULGARIA
Bulgaria is a parliamentary republic. The 240-seat National Assembly, or Parliament, is vested with the legislative power and exercises parliamentary control of the executive power. It has a unicameral structure. The executive power belongs to the Council of Ministers, which is the Government of the country. It consists of Vice Prime Ministers and 21 Ministers, and is chaired by the Prime Minister. The National Assembly elects the proposed Council of Ministers and exercises parliamentary control on its activities. The judiciary is independent and is based on a three instance procedure. It consists of a Supreme Cassation Court, Supreme Administrative Court, Courts of Appeal, and Regional, District, Administrative and Military Courts. The Constitutional Court pronounces imperative interpretations of the Constitution and rulings on the constitutionality of passed legislation. The country is administratively divided into 28 regions and 262 municipalities. Respectively, there are regional and local governments (legislative) and administration (executive) bodies. The legal system is based upon the continental system of codification, legislation constituting a hierarchical system, headed by the Constitution. Laws provide primary regulation of social relations in different spheres. Sub-legislative acts (structural/implementation rules, regulations), or secondary legislation, are adopted by the Council of Ministers or the individual Ministries, other central government and local government institutions for the implementation of the laws or parts thereof. All legislation is promulgated in the State Gazette. An explicit provision of the Constitution [art.5(4)] provides that international treaties, which have been ratified, promulgated and are in force for Bulgaria, are directly part of internal law and have priority over national legislation that is in contradiction with it. Administrative orders, methodologies, instructions, standards and tariffs may be issued for the practical implementation of adopted legislation where necessary. Court judgments are not recognised as formal sources of law, but they serve interpretation purposes. 1.2
FRAMEWORK FOR TRANSPOSITION & IMPLEMENTATION OF DIRECTIVE 2004/38/EC IN BULGARIA 1.2.1
Distribution of competences according to the national Constitution
There is no explicit provision in the Constitution on the entry and residence of citizens of the European Union, respectively the competent authorities on these matters. The competent authorities are indicated in the sectoral law, adopted for the purpose of transposition of the Directive – the 2006 Act on the Entrance, Residence and Departure of Citizens of the European Union and Members of their Families of the Territory of the Republic of Bulgaria (as amended). Additional specifying rules are included in the Ministry of Interior Act.
Milieu Ltd & Europa Institute
Conformity Study Directive 2004/38/EC for Bulgaria, July 2008 17/71