Sofia, 26th June 2009, on Monday, 22nd June 2009, in the Center for Culture and Debate The Red House a discussion was held on the theme: THE NEW CHANGES IN THE LAW ON FOREIGNERS AND THEIR PRACTICAL APPLICATION Hosts and organizers of the event were Center for Legal Aid Voice in Bulgaria Foundation and Justice 21 Civil Initiative at Breakthrough Christian Center.
Participants in the discussion were: Lozan Panov, Chairman of Administrative Court, Sofia City; Rossitza Grudeva and Gabriela Kilfanova from Legal Department, Migration Directorate at MIA and Emil Koen, Bulgarian Helsinki Committee. The discussion was moderated by Anna Krusteva from the Center for Migration Research CERMES, New Bulgarian University.
The discussion was organized in connection with the new amendments in the Law
on Foreigners in the Republic of Bulgaria (SG issue 36 of 15th May 2009) voted
by the Parliament at the end of April. The changes have been provoked by the
necessity to synchronize the Bulgarian legislation with the European law. One
of the main and most discussed changes is related to the long expected introduction
of a maximum term for forced detention of undocumented migrants, as determined
in EU Directive 2008/115/ЕО – up to 6 months and in exceptional cases, up to
18 months. Of course, the efficiency of the new amendments will depend not only
on the introduction of new legal texts but also on their practical application.
According to the organizers the discussion has accomplished its goal – “Through useful cooperation between the non-governmental sector, executive body and judicial authority we tried to lay the right and balanced foundation for detailed and exhaustive interpretation of the underlying legal changes. Interpretation and application that corresponds not only to the European Directives but also to the principles of reansparency, objectivity, individual approach, reciprocity and effective means of defense typical for one European country like Bulgaria”, says Diana Daskalova, co-founder of Center for Legal Aid Voice in Bulgaria Foundation.
The discussion aroused exceptional interest among the attending citizens, lawyers,
journalists, leaders and representatives of humanitarian and human rights organizations
– BRC, the ACET Center, Karitas, CVS; representatives of the refugee and immigrants
community in Bulgaria from Iran, Afghanistan, Tanzania, India, Ethiopia.
The questions naturally moved from the legal practice to the personal destinies
of the foreigners from the Special Center for Temporary Accommodation of Foreigners
(SCTAF), Busmantsi quarter: what will be the rules and what will be the exceptions
in the defined maximum term for forced detention – 6 or 18 months; is the right
to effective access to appeal violated by the short three-day term for appeal;
is Bulgaria ready to develop a policy for assessment rather of the benefits
of the immigrants than of the dangers they may cause? In conclusion Anna Krusteva,
moderator of the discussion, pointed out that “it is our personal responsibility
as citizens to demand transparency and accountability from the judicial, executive
and law-making authorities for their decisions and actions”.
Contact: Elena Dyankova
Coordinator of Justice 21 Civil Initiative
At Breakthrough Christian Center tel./fax: 02-9836730; 0899902837 Email: edyankova@prelom.b
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