Contribution to Book
‘Recasting’ Detention of Asylum Seekers. Human Rights Law, EU Law and its Application in Bulgaria
Securitising Asylum: Extraterritoriality, Deterrence and Human Rights
(2018)
Abstract
The finalized second phase of the Common European Asylum System (CEAS) has produced a number of legal instruments which will likely stay with us for some time. The objective of this chapter is to investigate their transposition and implementation in one particular EU Member State which is rarely under the radar of critical scholarly engagement, i.e. Bulgaria. The latter introduced in December 2015 and April 2016 amendments in its asylum legislation in order to transpose the Reception Conditions Directive (recast), the Procedures Directive (recast) and Dublin Regulation (recast). Perhaps the most salient modification incorporated into the Bulgarian Asylum and Refugees Act concerns the detention of applicants seeking international protection. For the first time, Bulgarian legislation dictates circumstances under which detention of asylum applicants is legal. While the new detailed national provisions on detention in the course of the status determination procedure are in the spirit of the Reception Conditions Directive (recast), there are still many questions left unanswered and the danger of abuse is of real concern. This concern is especially salient considering the increased arrivals of asylum seekers in Bulgaria and the refugee ‘crisis’ that Europe currently faces and the dangerously high probability that many will be affected by detention practices.
Keywords
- Bulgaria,
- immigration detention,
- Common Euroepean Asylum System
Disciplines
Publication Date
2018
Editor
V Mitsilegas, V Moreno-Lax and N Vavoula
Publisher
Brill
Citation Information
Vladislava Stoyanova. "‘Recasting’ Detention of Asylum Seekers. Human Rights Law, EU Law and its Application in Bulgaria" Securitising Asylum: Extraterritoriality, Deterrence and Human Rights (2018) Available at: http://works.bepress.com/vladislava_stoyanova/17/