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Recognition of foreign judgments

Most of the clients asking for legal support in Recognition and Enforcement of Foreign Judgments

In today’s globalized legal landscape, cross-border litigation has become increasingly common.

A pivotal aspect of such cases is the recognition and enforcement of foreign judgments.

In Bulgaria, this process is governed by a combination of domestic legislation and international treaties, ensuring that foreign judgments are acknowledged and enforced under specific conditions.

The legal FrameworkRecognition of foreign judgments

1. EU Judgments

For judgments originating from EU Member States, Bulgaria adheres to Regulation (EU) No 1215/2012, commonly known as the Brussels Ibis Regulation.

This regulation facilitates the automatic recognition and enforcement of civil and commercial judgments across EU countries, eliminating the need for a separate exequatur procedure.

2. Non-EU Judgments

Judgments from non-EU countries are subject to the provisions of the Bulgarian Code of Private International Law (CPIL).

Specifically, Articles 117 to 124 outline the criteria and procedures for recognizing and enforcing such judgments.

Conditions for Recognition and Enforcement

According to Article 117 of the CPIL, a foreign judgment can be recognized and enforced in Bulgaria if the following conditions are met:

  • Jurisdiction: The foreign court must have had jurisdiction under Bulgarian law.
  • Proper Service: The defendant must have been duly served with the claim and had an opportunity to present their case.
  • Finality: The judgment must be final and binding in the country of origin.
  • No Conflicting Bulgarian Judgment: There should be no existing Bulgarian judgment between the same parties on the same matter.
  • No Pending Bulgarian Proceedings: No ongoing proceedings in Bulgaria should involve the same parties and subject matter.
  • Public Policy: The judgment must not contravene Bulgarian public policy.

The legal steps

1. Application Submission

An interested party must submit an application to the Sofia City Court for recognition and enforcement. The application should include:

  • A certified copy of the foreign judgment.
  • A certificate confirming the judgment’s finality, issued by the originating court.Recognition of foreign judgments
  • Evidence of proper service to the defendant.
  • A translation of the documents into Bulgarian, certified by a sworn translator.

2. Court Examination

The Sofia City Court will examine the application to ensure compliance with the conditions outlined in Article 117 of the CPIL.

The court does not reassess the merits of the case but focuses on procedural and jurisdictional aspects.

3. Issuance of Enforcement Order

If the court recognizes the foreign judgment, it will issue an enforcement order.

This order allows the creditor to initiate enforcement proceedings through a bailiff in Bulgaria.

Appeals and Objections

The debtor has the right to appeal the court’s decision within two weeks of notification.

However, objections are limited to procedural grounds and cannot challenge the substance of the original judgment.

Special Considerations

1. Reciprocity Principle

Bulgaria may require evidence of reciprocity, meaning the foreign country would recognize Bulgarian judgments under similar circumstances.

2. International Treaties

Bulgaria is a party to several international treaties that may influence the recognition and enforcement process, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

Recognizing and enforcing foreign judgments in Bulgaria involves a structured legal process aimed at balancing international cooperation with national legal principles.

By adhering to the outlined procedures and ensuring all conditions are met, foreign judgments can be effectively enforced within the Bulgarian legal system.

For further information or assistance, consulting with a legal professional experienced in international private law is advisable.

Getting enforcement letter Bulgaria

Many foreigners in Bulgaria call us when they need some legal help for getting enforcement letter Bulgaria. 

Discover the simplified process of obtaining an enforcement letter in Bulgaria through the order for payment procedure.

Procedure for Issuing an Order for Payment

The Order for Payment procedure serves to streamline the enforcement of monetary claims and property restitution without the need for a legal trial.

Our legal fees and Expenses:Getting enforcement letter Bulgaria

– Fees for initiating the procedure amount to 2% of the claim value.
– Additional expenses may include attorney’s fees, depending on the claim value.

What Happens if the Debtor Objects?

If the debtor raises objections against the issued order for payment, a trial ensues.

However, if the debtor fails to object, a writ of execution is issued in favor of the claimant, triggering the enforcement procedure with an additional 2% cost.

**Getting Enforcement Letter in Bulgaria**

Under the current Civic code, anyone can request the district court to issue an enforcement order.

This order, based on Art. 410 and Art. 417 CC, serves as a valid ground for obtaining an enforcement letter.

Quick and Economical Process:

The enforcement order acts as a replacement for a judgment, ensuring a swift and cost-effective process.

Claims can be based on various grounds, such as employment contracts, rent agreements, loan contracts, or any bonding relationship.

The entire process in Bulgaria: 

1. The applicant (creditor) submits an application to the district court, usually at the debtor’s permanent address.
2. The court examines the application for regularity and proceedings’ admissibility.
3. The applicant must specify the basis for their claim, supported by relevant documents.
4. The debtor has 14 days to object, but any objection during this period holds no evidential value for the claim’s existence.
5. If no objections are raised or resolved, the enforcement order becomes the basis for issuing a writ of execution, initiating enforcement proceedings.

Claimant’s Response to Objections:

– If the debtor contests the claim, the claimant has one month to file a claim with the same court.

Navigating the Order for Payment procedure ensures a swift, surprising, and economical process.

Should you need assistance in the enforcement proceedings, our experienced team is here to guide you through the legal intricacies. 📜

🤝 #EnforcementProceedings #BulgarianLegalSystem #OrderForPaymentProcedure

European Arrest Warrant in Bulgaria

Many clients asked for drafting and preparation of the following legal procedure for European Arrest Warrant Bulgaria. 

The European Arrest Warrant (EAW) is a legal decision issued in an EU Member State

This is a legal instrument with the purpose of detaining and surrendering an individual wanted in another Member State for prosecution.

Sometimes there are some activities for execution of a custodial sentence, or a detention order.

Our law firm, D. Vladimirov & Partners, specializes in international criminal law, particularly in cases involving

  1. drug abuse
  2. violations,
  3. money laundering,European Arrest Warrant in Bulgaria
  4. white-collar crimes,
  5. forgery,
  6. counterfeiting,
  7. fraud,
  8. financial crimes,
  9. tax fraud offenses,
  10. driving, and traffic crimes.

Our legal actitvities 

Our expertise allows us to handle international criminal law issues at a high professional level, often collaborating with foreign colleagues in

A/ Extradition or

B/ Legal work on procedures of european Arrest Warrant cases involving Bulgaria.

We prioritize providing reliable legal services to our clients as defense counsel, offering assistance in criminal and extradition order services.

The European Arrest Warrant, governed by the Law on Extradition and European Arrest Warrant in Bulgaria, aims to combat international terrorism and organized crime post-10/11/2001.

The warrant simplifies cross-border judicial surrender procedures, replacing the previously lengthy extradition processes between EU countries.

The EAW, based on the principle of mutual recognition of judicial decisions, allows for the recognition and execution of a warrant issued by one EU country’s judicial authority throughout the entire EU territory.

The issuing authority must assess the risk of inhuman or degrading treatment before deciding on surrender if evidence of such a risk exists.

Under the Bulgarian Law on Extradition and European Arrest Warrant, the Court may refuse to execute the warrant in cases of amnesty, an entered into force sentence, or if the requested person is underage according to Bulgarian legislation.

The decision on the execution of the European arrest warrant must be made within 60 days after the person’s arrest, and if the person consents, the surrender decision must be taken within 10 days.

How start the procedure ? Appealing administrative acts

The surrender procedure, initiated by a European Arrest Warrant, takes place in one of the 28 district courts.

The requested person can consent to surrender, leading to a restricted verification procedure.

If the person refuses, the court examines the legal details and checks for reasons preventing transfer, such as double jeopardy, terminated criminal proceedings in Bulgaria, or expired punishment under Bulgarian law.

Despite instances of foreign courts refusing to hand over individuals to Bulgaria due to concerns over prison conditions

Our law office, D. Vladimirov & Partners, emphasizes the need for amendments to align Bulgarian legislation with human rights standards.

If you require legal assistance, feel free to contact us at +359 897 90 43 91 or send your inquiry to office@lawyer-bulgaria.bg

What is the European Arrest Warrant (EAW) and how does it function?

The EAW is a mechanism based on mutual recognition of judicial decisions among EU countries. It involves a judicial authority in one EU country requesting the arrest and surrender of a person located in another Member State for prosecution or to execute a custodial sentence.

How does the EAW differ from traditional extradition?

Unlike traditional extradition, the EAW imposes strict time limits. The executing state must make a final decision on the execution of the warrant within 60 days after the person's arrest, with a surrender decision required within 10 days if the person consents. The surrender must occur within 10 days of the final decision.

What changes have been made regarding double criminality checks?

For 32 categories of offenses, there is no longer a need for a double criminality check. The only requirement is that the act must be punishable by a maximum period of at least 3 years of imprisonment in the issuing state. For other offenses, surrender may be subject to the condition that the act constitutes an offense in the executing state.

How is political involvement addressed in the EAW process?

Decisions related to the EAW are made solely by judicial authorities, eliminating any political considerations. This ensures an unbiased and legal approach to the surrender process.

Can EU countries refuse to surrender their own nationals under the EAW?

EU countries can no longer refuse to surrender their nationals under the EAW, except if they opt to take over the execution of the prison sentence against the requested person.

What guarantees can be imposed by the executing judicial authority?

The executing judicial authority may require guarantees, including the right to request a review after a certain period, especially for life sentences, and the possibility for the wanted person to serve any resulting prison time in the executing country if they are a national or habitual resident.

Under what grounds can the executing judicial authority refuse surrender?

Refusal to surrender is limited to specific grounds. Mandatory grounds include cases of amnesty, previous judgment for the same offense, or the person being a minor. Optional grounds include lack of double criminality, territorial jurisdiction, pending criminal procedure, and statute of limitations, among others.

How is the EAW designed to protect the procedural rights of suspects or accused persons?

In applying the EAW, authorities must respect the procedural rights of suspects or accused persons, including the right to information, legal representation, an interpreter, and legal aid, as stipulated by the law in the country where the arrest takes place.

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