III.
Issue a reasoned decision in writing where an applicant is found not to be
stateless by the competent authority, rather than discontinuing the
procedure, in order to guarantee the individual an effective remedy.
IV.
Make appropriate amendments to the Law on Labour Migration and Labour
Mobility and the Law on Health Insurance, so that holders of statelessness
status in Bulgaria can work and pay for their health insurance, which will allow
them to lead a dignified and fulfilling life as equal members of the society.
V.
Take steps to improve the identification of statelessness prior to issuing a
removal or detention order, to prevent cases of countries of origin being
arbitrarily assigned to individuals subject to removal/detention proceedings.
VI.
Implement the measures indicated by the European Court of Human Rights
in the case of Auad v. Bulgaria that “the destination country should always be
indicated in a legally binding act and a change of destination should be
amenable to legal challenge.” 10
VII.
Follow the burden of proof test, stipulated by the Court of Justice of the
European Union in the Mahdi case C-146/14 PPU, when reviewing the length
of detention to ensure that there is a real prospect of removal within the
specific time limit, and thus prevent unlawful detention.
VIII.
Reform the national legal framework to provide for a right to appeal decisions
relating to acquisition or loss of Bulgarian nationality.
IX.
Withdraw remaining reservations to the 1954 Convention Relating to the
Status of Stateless Persons and the European Convention on Nationality, and
accede to the European Convention on the Avoidance of Statelessness in
Relation to State Succession.
10
European Court of Human Rights, Judgment on the Case of Auad v. Bulgaria (Application no. 46390/10), 11
October 2011, Paragraph 139
7