Travel Ban — Prohibition on Leaving the Territory of the Republic of Bulgaria
This section reflects the canonical Bulgarian text concerning Articles 68–68a of the Criminal Procedure Code (CPC) and Articles 75–76 and 76a of the Bulgarian Personal Documents Act (ЗБЛД), regulating restrictions on international travel, procedures for imposition and appeal, and available legal remedies and exceptions.
Legal Framework
- Articles 68–68a CPC: A travel ban may be imposed as a procedural coercive measure to ensure the appearance of the accused or defendant before investigative or judicial authorities.
- Articles 75–76 and 76a of the Bulgarian Personal Documents Act: Provide administrative grounds for restriction or prohibition on leaving the country, applicable to both Bulgarian citizens and foreign nationals with residence in Bulgaria.
Grounds for Imposition
- Criminal proceedings pending — when there is a justified risk that the accused or defendant might abscond or obstruct justice.
- Non-payment of state-imposed sanctions or obligations — as prescribed by Art. 76(1)(2) of the Personal Documents Act.
- Public order and national security — in limited cases, as determined by competent authorities under Art. 75.
Duration and Notification
- The measure remains in force until revoked by the competent authority or until the relevant criminal or administrative proceedings conclude.
- The individual must be notified in writing of the imposition, duration, and grounds for the restriction.
- Border Control Authorities enforce the measure immediately upon entry into the national database systems (EES/SIS II).
Appeal Procedure
- The travel ban may be appealed before the competent administrative court under the Administrative Procedure Code (APC).
- The appeal does not suspend enforcement, but the court may order interim relief upon request if urgent circumstances are shown.
- The court verifies legality, proportionality, and necessity under Art. 6 of the ECHR and Art. 35 of the Constitution (freedom of movement).
Exceptions and Humanitarian Grounds
- Temporary authorization may be granted for medical treatment, family reasons, or humanitarian circumstances upon written request to the issuing authority.
- Diplomatic and consular officers may assist in verifying the legitimacy of travel restrictions imposed on foreign nationals.
- Travel bans conflicting with EU law (freedom of movement, proportionality, or non-discrimination) are subject to review and annulment.
Judicial and International Oversight
Bulgarian courts, the Constitutional Court, and the European Court of Human Rights have repeatedly held that a travel ban must meet the requirements of lawfulness, necessity, proportionality, and legitimate purpose. Unjustified or excessive restrictions may lead to a finding of violation under Art. 2 of Protocol No. 4 to the European Convention on Human Rights.
This translation preserves the structure and legal terminology of the Bulgarian canonical text on the “Travel Ban” section (Arts. 68–68a CPC and Arts. 75–76, 76a of the Personal Documents Act).