Which persons does DANS declare as a threat to the national security in Bulgaria?
The State Agency for National Security (DANS) plays a key role in protecting Bulgaria’s national security. In the exercise of its powers, DANS identifies and takes action against individuals who pose a potential or real threat to national security. This activity is strictly regulated by Bulgarian legislation and involves various legal consequences for the persons concerned.
Which persons can be declared a threat to national security?
Individuals that DANS may declare a threat to national security include:
- Persons associated with terrorism or extremism:
- Persons who finance, organise or participate in terrorist activities.
- Propagandists of extremist or anti-democratic ideologies.
- Persons involved in espionage or subversion:
- Individuals who work for foreign countries or organisations, collecting classified information or carrying out subversive activities against state interests.
- Persons involved in organised crime:
- Participants in criminal groups that violate public order and threaten the security of the country (smuggling, human trafficking, drug trafficking, etc.).
- Persons disrupting public order and political stability:
- Individuals who engage in actions aimed at undermining the constitutional order, destabilising society or sabotaging institutions.
- Aliens posing a threat:
- Foreign nationals who use their stay in Bulgaria for illegal activities such as espionage, terrorism or subversion.
Legal basis for the actions of DANS
The activity of the DANS is regulated by the following normative acts:
1. Law on the State Agency for National Security (DANS):
– DANS has the power to analyse, monitor and act against persons who pose a threat to national security (Article 4 of the DANS Act).
– The Agency has the right to propose **revocation of visas** and **refusal of access to Bulgaria** for foreign citizens, as well as to impose administrative measures against Bulgarian citizens.
2. Law on Foreigners in the Republic of Bulgaria (Law on Foreigners):
– On the basis of Article 44 and Article 42 of the HRBA, the DANS may recommend expulsion, a residence ban or an order to leave the country for foreigners who pose a threat to security.
3. Criminal Code (CC):
– Persons involved in crimes against national security (e.g. espionage, terrorism) are subject to prosecution under the provisions of the Criminal Code.
4. Classified Information Protection Act (CIPA):
– Persons who jeopardise the protection of classified information may be sanctioned or restricted in their access to such information.
Consequences for the persons declared
Persons declared a threat to national security face serious legal and administrative consequences:
1. Expulsion and entry ban in Bulgaria
– The DANS may recommend the expulsion of foreigners for whom there is evidence or reasonable suspicion of a threat.
– A ban on entering Bulgaria can be imposed for up to 10 years.
2. Residence withdrawal
– If the person has a permanent or long-term residence permit, it may be revoked on the basis of Article 44 of the HRBA.
3. Restrictions on access to classified information
– Bulgarian citizens who are declared a threat may be denied access to classified information, which may affect their professional activities.
4. Criminal prosecution
– Persons involved in crimes against national security can be held criminally liable, including for espionage, terrorism or involvement in subversion.
5. Freezing of assets
– If a person is suspected of financing terrorist or illegal activities, the DANS may request the freezing of their bank accounts and assets.
6. Reputational damage
– The declaration of a threat to national security may result in significant reputational damage to the person concerned, especially if it becomes public.
How does one defend a person declared a threat to national security?
The person has the right to defence and may take the following actions:
1. Appeals against administrative acts:
– Decisions of the DANS, such as expulsion or entry bans, are subject to appeal before the administrative court.
2. Access to evidence:
– The person has the right to request access to the evidence on which the decision is based, unless it is classified information.
Legal assistance
– The person concerned may contact a lawyer to represent him or her in the judicial process or in administrative appeal procedures.
DANS plays a crucial role in identifying and restricting individuals who pose a threat to Bulgaria’s national security. On the basis of laws such as the DANS Act, the HRA and the Penal Code, the agency takes measures such as expulsion, entry bans and revocation of access to classified information. The consequences for those affected are serious, but they have avenues of redress through appeals and legal proceedings.
Judicial domestic and international procedures for the protection of persons declared by DANS to be a threat to national security.
Persons declared by DANS as a threat to national security in Bulgaria may use various judicial and administrative procedures to protect their rights. Bulgarian and international law provide mechanisms for appealing such decisions, including national court procedures and complaints to international bodies such as the European Court of Human Rights (ECtHR).
1. Domestic judicial procedures
1.1. Appeals against administrative acts of DANS
– DANS has the power to issue administrative acts, such as recommendations for expulsion, revocation of visas or residence bans. Persons affected by these acts may appeal against them under the Administrative Procedure Code (APC).
– Court of jurisdiction: the appeal shall be lodged with the Administrative Court of the person’s place of residence or with the judicial authority designated in the act.
– Timelines:
– An expulsion or residence ban may be appealed within 14 days of service of the order.
– Features:
– In appeals against acts relating to national security, DANS may withhold evidence if it contains classified information. The person and his lawyer may request limited access to this evidence.
1.2. Appeals against actions of border authorities
– If the person is detained or refused access to the territory of Bulgaria, he/she may appeal against the actions of the border police before the competent administrative court.
1.3. Action for annulment of acts violating human rights
– If the person concerned considers that the administrative act of the DANS violates his/her fundamental rights, he/she may file a claim for the protection of these rights in the civil courts on the basis of the Law on Protection against Discrimination (LDA) or the Law on Protection of Personal Data.
1.4. Constitutional complaint
– Individual complaints to the Bulgarian Constitutional Court are not allowed, but if a law or act of the DANS contradicts the Constitution, the person may initiate a procedure through other bodies (e.g. the Ombudsman).
2. International procedures
2.1. Appeal to the European Court of Human Rights (ECtHR)
– The ECtHR is the main international body where individuals can seek redress against state actions that violate their rights under the European Convention on Human Rights (ECHR).
– Grounds for appeal:
– Violation of the right to a fair trial (Article 6 ECHR) if the person has not been given access to evidence or a fair hearing.
– Violation of the right to liberty and security (Article 5 ECHR) in unlawful detention.
– Violation of the right to protection against expulsion (Article 3 ECHR) if the expulsion exposes the person to the risk of torture or inhuman treatment.
– Time limit for filing: an appeal to the ECtHR must be filed within 4 months of the final decision of the national courts.
– Results:
– The ECtHR can order compensation for rights violated.
– Bulgaria may be obliged to repeal or review the act.
2.2. Complaint to the European Commission
– If the actions of the DANS violate European Union law, the person concerned may lodge a complaint with the European Commission. The Commission may initiate proceedings against Bulgaria for breach of European law.
2.3. UN Human Rights Committee
– Individuals who believe they are victims of violations of their rights under the **International Covenant on Civil and Political Rights (ICCPR)** may submit a complaint to the UN Human Rights Committee.
– Conditions:
– All internal remedies must have been exhausted.
– The complaint must be lodged within a reasonable time.
2.4. Court of Justice of the European Union (CJEU)
– If the DANS’ actions contravene EU law, the person can initiate a procedure through the national courts, which can refer the matter to the Court of Justice of the European Union (CJEU) for interpretation.
3. Particularities of national security procedures
– In cases relating to national security, the state may restrict access to certain evidence classified as state secrets.
– However, the court is obliged to assess the person’s right to a fair trial in accordance with Article 6 ECHR.
Conclusion
Persons declared a threat to national security by DANS have various options to protect their rights. They can use national procedures to challenge DANS acts through administrative and civil courts. If their rights continue to be violated, individuals have the right to lodge complaints with international bodies such as the ECHR or the UN Human Rights Committee. These procedures ensure that any person affected by administrative acts will receive a fair hearing and protection of their rights.
Comprehensive legal protection of persons declared by DANS as a threat to national security
Persons declared a threat to national security by the State Agency for National Security (DANS) have certain means and remedies both in Bulgaria and at the European level. Complex legal protection includes the use of national judicial and administrative procedures, as well as appeals to international institutions.
I. National remedies in Bulgaria
1. Appeals against administrative acts of DANS
– Persons affected by DANS decisions (e.g. expulsion, residence ban or visa revocation) may appeal against these acts under the provisions of the Administrative Procedure Code (APC).
– Court of competent jurisdiction:
– Administrative court of the place of residence of the person or of the seat of the authority that issued the act.
– Timelines:
– Appeals against acts relating to expulsion or residence bans must be lodged within 14 days of notification.
– Features:
– In cases related to national security, the DANS may present classified evidence, which the court shall assess in accordance with the law on the protection of information.
2. Request for judicial review of DANS measures
– Judicial review is the main means of verifying the legality of the acts of DANS.
– The person may ask the court to check:
– The proportionality of the measures imposed.
– Compliance with fundamental rights guaranteed by the Constitution and international treaties.
3. Protection through civil actions
– A person who believes that the acts of the DANS have resulted in a violation of his rights or reputation may file a claim for compensation under the **State and Municipal Liability for Damages Act (SMLDA).
4. The Ombudsman as a defender of rights
– The person may apply to the Ombudsman of the Republic of Bulgaria if he or she considers that his or her rights have been violated. The Ombudsman may intervene by means of opinions, recommendations or remedial action.
5. Constitutional control
– If a law or a measure of the DANS contravenes the Constitution, the person concerned may initiate a procedure for referral to the Constitutional Court through the Ombudsman or other bodies.
II. European remedies
1. Appeal to the European Court of Human Rights (ECtHR)
– The ECtHR protects the rights of individuals if the provisions of the **European Convention on Human Rights (ECHR) are violated.
– Grounds for appeal:
– Violation of the right to a fair trial (Article 6 ECHR).
– Violation of the right to liberty and security (Article 5 ECHR) if the person has been unlawfully detained or expelled.
– Violation of the right to protection against expulsion (Article 3 ECHR) if there is a risk of torture or inhuman treatment in the country to which the person will be sent.
– Procedure:
– The appeal must be lodged within 4 months after exhaustion of domestic remedies.
– The ECtHR may impose interim measures to suspend the implementation of the DANS measure if a risk to the life or health of the person is established.
2. Complaint to the UN Human Rights Committee
– The person concerned may lodge a complaint with the UN Human Rights Committee if he or she considers that his or her rights under the International Covenant on Civil and Political Rights (ICCPR) have been violated.
– Conditions:
– All domestic remedies must be exhausted.
– The violation must be proven and consistent with the Covenant.
3. Appeal to the European Commission
– A person who believes that DANS’ actions contravene European law (e.g. violate the right to free movement) can lodge a complaint with the European Commission.
– The Commission may launch a procedure against Bulgaria for violation of EU standards.
4. Court of Justice of the European Union (CJEU)
– National courts can refer a case to the ECJ for a preliminary ruling if they have doubts about the correct application of EU law in a case.
III. Features of the defence
1. Difficulties in accessing evidence
– In cases involving national security, DANS may use classified information as evidence that makes it difficult to protect the person concerned.
2. The role of the lawyer
– In these cases, it is important that the person is represented by an experienced lawyer who understands national security and human rights procedures.
3. International pressure
– International institutions such as the EU and the UN monitor human rights, which puts additional pressure on states to implement security measures proportionately.
Conclusion
Persons declared a threat to national security by DANS have the right to protection both in Bulgaria and internationally. Complex legal protection includes appeals against administrative acts, claims for compensation, intervention of the ombudsman and complaints to international bodies such as the ECtHR and the UN. Although national security cases can be complex, the existence of legal mechanisms ensures the protection of fundamental human rights.