Case no. 1516 (Council of Ministers of the Republic of Bulgaria v. Foundation for access to rights)

Bulgaria: Supreme Administrative Court overrules Bulgarian order not to provide food to Ukrainians with temporary protection

On the 13th of February 2023, the Supreme Administrative Court ruled in the case no 1516. The case concerns an order of the Council of Ministers terminating the provision of food to temporary protection beneficiaries who fled Ukraine and are residing in reception centres. The appealed first instance decision granted the execution of this order stating that the private interests of these Ukrainians are contrary the public interests which involve limiting the spending of funding.

The Court held that the order causes irreparable damages to the displaced hence the execution of the order should be suspended. It further ruled that the Bulgarian Protection Act declares that the Council of Ministers' action plan should contain conditions and procedures regarding the provision of food, however, the order causes that these Ukrainians are deprived of a basic mechanism which ensures access to food.

Based on an unofficial translation within the ELENA team.

We would like to thank Rositsa Atanasova, member of the Foundation for Access to Rights, for bringing this case to our attention.

Source: ELENA Weekly Legal Update of 17 February 2023

Decision available here: https://info-adc.justice.bg/courts/portal/edis.nsf/e_act.xsp?id=2053520&code=vas

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