The question (who is “Bulgarian”?)
In Bulgarian legislation, the term “Bulgarian” appears only once – in the Bulgarian Citizenship Law. However, what “Bulgarian” actually means is not clarified. This creates a legal vacuum and disputes in the application of the law.
Why it is important to know who is “Bulgarian”
The starting point for obtaining Bulgarian citizenship by origin is precisely the understanding of the concept of “Bulgarian”. Without a clear definition, it remains unclear which foreigners can be recognised as persons of Bulgarian origin — and therefore obtain citizenship by origin.
For more details
For a comprehensive historical and legal analysis of the Bulgarian Citizenship Law, read the article by Posolstvo.eu – Who is a “Bulgarian” within the meaning of the Bulgarian Citizenship Law?
Contradictory judicial practice
The court decisions vary:
- Some courts interpret “Bulgarian” as a person who is or who has been a Bulgarian citizen;
- Other courts, including the Supreme Court of Cassation (see decision), define “Bulgarian” more as a state of belonging to the Bulgarian nationality, regardless of whether Bulgarian citizenship has been or is held.
What the law says
According to the current Bulgarian Citizenship Law, a “person of Bulgarian origin” is someone who has at least one ancestor up to the fourth degree who is “Bulgarian.” The law does not define what exactly this concept means and whether it refers to citizenship or nationality.
Historical context
When the law was passed in 1998, lawmakers did not give a clear legal meaning to the term “Bulgarian.” Alexander Dobrinov’s analysis shows that it is very likely that they meant that “Bulgarian” should be understood to mean both persons with Bulgarian citizenship and those who self-identify as part of the Bulgarian nationality.
Conclusion
The fundamental legal problem remains. Without a clear definition of “Bulgarian,” the very institution of citizenship by origin remains legally unclear and subject to contradictory practices. The question of the meaning of this term directly affects who can obtain Bulgarian citizenship by origin.