Процедурни гаранции при експулсиране на чужденци. Стандартите на чл. 1 от Протокол № 7 към Европейската конвенция за защита на правата на човека и основните свободи и българското законодателство
Procedural Guarantees concerning the expulsion of foreigners. Standards of Art.1 of Protokol № 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Summary/Abstract: The article is dedicated to the procedural guarantees in Bulgarian legislation concerning the expulsion of foreigners from the territory of the Republic of Bulgaria. The author studies the issue of conformity of the Bulgarian legislation and court practice with the requirements of Protocol No 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The author examines consecutively/meticulously the guarantees related to the expulsion of foreigners under Art. 1 of Protocol No 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms — guarantees that each country is obliged to give. Based on the European doctrine and practice, the article explores the extent to which Bulgarian law is consistent with these demands and concludes that the provisions of Art. 44 and Art. 46 of the Law on the Foreigners in the Republic of Bulgaria are not consistent with them and therefore appear to be in an obvious contradiction. The decision of the European Court of Human Rights on the “Al-Nashiff against Bulgaria” case and the decisions of the Supreme Administrative Court that followed are analyzed. The conclusion made is that court examination at present appears to be necessary for keeping the country’s obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms. At the same time the existing inconsistency between the applicable Bulgarian Law and the convention creates conditions for violating the freedoms and rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols. In this regard suggestions for adequate legislative amendments are made.

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