Posolstvo.eu defends the rights of foreign investors who were deceived by the Bulgarian political system
We will start with an extremely important opinion of the Advocate General of the Court of Justice of the European Union, Michael Collins, dated 04.10.2024. The opinion concerns the European Commission’s complaint against Malta concerning its citizenship by investment program, also referred to as “golden passports”.

Golden passports are legal – a landmark opinion by the Advocate General of the Court of Justice of the European Union

– dismiss the Commission’s action;
– order the Commission to pay its costs and those of the Republic of Malta.
Opinion of the Advocate General of the Court of Justice of the European Union of 04.10.2024
Broadly speaking, the Advocate General of the CJEU suggests that the court should reject the EC’s complaint, considering that Malta is allowed to “sell” its citizenship to foreigners. The EC should also pay all legal costs.
Following this opinion of the Advocate General, it is expected that the CJEU’s decision will be in the same spirit. Namely, that Malta (and indeed any other EU member state) is within its rights to offer citizenship for investment. We wonder then whether the Bulgarian politicians, who have been anathematising the Bulgarian citizenship for investment as inconsistent with European values, will feel their Euro-Atlantic egos slightly bruised…
Citizenship by Investment in Bulgaria
The fight with the Bulgarian administration is seemingly doomed. The behaviour of officials seems to be conditioned by some “secret policy” not to give Bulgarian citizenship to anyone! The Bulgarian Citizenship Law (BCL) is interpreted in such a way that if possible no one should be granted Bulgarian citizenship.
Lawsuits against the (in)actions of the state
But we have not “fallen” and we fight for our clients by all legal means. The cases our lawyers have filed will soon fill the archives of the courts. And this is because the state is negligent.
In the end, justice will prevail. Of that we have no doubt. Foreigners who have met all the legal requirements will be granted Bulgarian citizenship.

The fight is epic, as they say.
I fell. Another takes my place and… that’s it.Nikola Vaptsarov (Bulgarian poet 1909-1942
Bulgarian citizenship by ordinary naturalisation and for an investor under § 14. (1) of the BCL (prom. – SG 21 of 2021)
John (the name is fictitious) has invested BGN 1 000 000 in Bulgaria and has obtained a permanent residence permit on the basis of Article 25 of the Foreigners Law. For the last 5 years or more, John has lived in Bulgaria on the basis of his permanent residence permit. Following the change in 2021 and then the revocation of Bulgarian citizenship by investment in 2022, John now has two options to obtain Bulgarian citizenship:
- Art. 12, para. (general naturalisation), or;
- under § 14. (1) of the Transitional and Final Provisions to the Act amending and supplementing the BCL.
The difference between the two provisions of the BCL is that the second option (§ 14. (1)) does not require from John neither to speak Bulgarian (art. 12, para. 1, item 5) nor to renounce his current citizenship (art. 12, para. 1, item 6).
Applying for general naturalization – Article 12 of the BCL
Our hero John chooses to apply for Bulgarian citizenship by general naturalisation, as he believes he can meet all the conditions. Unfortunately, however, he falls into the trap of the impossible requirement of preliminary renunciation of existing citizenship. Let’s see what our lawyer was told by the Bulgarian Citizenship Directorate regarding John’s application:
On <date> a case file No. …….. was opened for “John” on the basis of Art. 12 (1) (general naturalization) of the Bulgarian Citizenship Law. By Minute No. …………, his application was approved by the Citizenship Council of the MoJ and he was granted a three-year period to renounce his previous citizenship. On <date> a letter was sent to him informing him that at its meeting on <date> the Citizenship Council of the Ministry of Justice had honoured his application for Bulgarian citizenship and, on basis of Article 12, par. 1, p. 6 of the Bulgarian Citizenship Law, in conjunction with Art. 12, par. 1, p. 12 of Ordinance No 1 of 19.02.1999 on the application of Chapter 5 of the BCL, he should, within three years, be released from his former citizenship.
Since when the Citizenship Council of the MoJ approves (and even honours) citizenship applications?
Let’s start with the Citizenship Council’s first legal gem. In the text quoted above, the Citizenship Council claims that it first approved and then even honoured John’s application for Bulgarian citizenship. However, the Citizenship Council has NO such authority. The Citizenship Council can neither approve nor honour applications. Let us see what powers are provided for the Citizenship Council under the BCL:
The Citizenship Council gives its opinion on applications and proposals relating to Bulgarian citizenship following written opinions from the Ministry of the Interior and the State Agency for National Security.
art. 33, par. r of the BCL
So under Bulgarian law, the Citizenship Council gives its opinion on citizenship applications. But since when and on what basis the Citizenship Council now approves and honours these applications is a mystery to us.
And yet, maybe the Citizenship Council has been given additional powers by an order of the Minister for Justice and Legal Eurointegration?
However, as you might expect, not everything is so simple. Because in one by-law, namely in the Ordinance for the implementation of Chapter Five of the BCL, we read the following:
The persons referred to in Article 12 and Article 13, p. 3 and p. 4 of the Law shall submit a document from the relevant foreign authorities stating that the applicant has renounced his/her former citizenship; if no such document is available, it shall be submitted within three years after the receipt of the notification that the Citizenship Council of the Ministry of Justice has approved the applicant for granting Bulgarian citizenship;
Art. 4, par. 1, p. 12 of Ordinance No. 1 of 19 February 1999 on the implementation of Chapter Five of the Bulgarian Citizenship Law
So the Citizenship Council still “approves the applicant for Bulgarian citizenship”? Well, no, this text of the Ordinance simply has no connection with the BCL and is therefore legally irrelevant. Even the wording used in the Ordinance “has approved the applicant” makes us doubt about the sufficient legal expertise of the authors of this particular text. In our view, only the application for citizenship is subject to approval. Otherwise, according to an old Bulgarian tradition, a potential son-in-law or a daughter-in-law can be “approved” by the parents, after a family dinner before the wedding. In the procedure for acquiring Bulgarian citizenship however, such formulations are unacceptable.
Priority processing of citizenship applications – beg your pardon?
Let’s take a look at the next legal gem of the Citizenship Council. Let’s see what the government officials write after reminding us that an applicant for Bulgarian citizenship should renounce his previous citizenship within three years:
The files of persons who have received guarantee and have renounced their previous citizenship shall be prioritised for consideration by the Citizenship Council.
What guarantee are the Citizenship Council writing about? A guarantee that is obviously linked to the renunciation of previous citizenship? Renunciation of citizenship does not come with a guarantee! Nor is any guarantee provided for in the relevant legislation. Indeed, Bulgarian political life knows one special case of renunciation of citizenship with a notarial declaration – a “guarantee” by Kiril Petkov (Bulgarian ex-prime minister). But the Constitutional Court has clearly ruled that this is not possible. But this “guarantee” is not what worries us most.
More worryingly, on what legal basis will the Citizenship Council prioritise certain files? Because that would mean that other files would be dealt with on a non-priority basis, correct? Let us remind everyone that Bulgarian law is clear and obliges administrative authorities to act within their legal powers:
The administrative authorities shall act within their powers established by law.
art. 4, par. 1 of the Bulgarian Administrative Procedural Act
And what is the statutory power of the Citizenship Council to consider certain applications on a priority basis? And to put other applications “on hold”?
It would be nice if we could end this. But no, there is more to come.
The Citizenship Council has already approved the application but will now consider the file as a matter of priority?
As we wrote above, the Citizenship Council informed our lawyer that it had already approved and honoured John’s application for Bulgarian citizenship. However, once John has renounced his previous citizenship, for which he has a three-year time limit, the Citizenship Council will consider his case on a priority basis. Let’s see what powers the Citizenship Council has over the “files” of applicants:
The Minister of Justice, on the basis of the opinion of the Citizenship Council, shall make a proposal to the President of the Republic of Bulgaria to issue a decree or to refuse to issue a decree for the acquisition, restoration, release or deprivation of Bulgarian citizenship, as well as for the revocation of naturalization.
art. 34 of the BCL
The Minister of Justice shall make a proposal for the issuance of a decree under Article 34 within twelve months – on applications for acquisition of Bulgarian citizenship by naturalization;
art. 35 of the BCL
In other words, whatever happens with the applicant’s file, the Citizenship Council must give its opinion and then the Minister of Justice must make a proposal. The time limit for the whole procedure is 12 months. However, the Citizenship Council informs us that they will give priority to John’s file, who has a period of 3 years to renounce his current citizenship. We wonder, will they wait 3 years to move the file “as a priority”, which file should have been completed with a proposal for a citizenship decree within12 months? And in general, what exactly they have to do more with the file (after they have already approved and honoured it) is an enigma for us.
So much for the legal gems regarding the general naturalisation procedure. Let’s see what the Citizenship Council thinks about John’s right to apply under § 14 (1) of the BCL (the old investment rule).
The position of the Citizenship Council on the applicability of § 14 (1) of the Bulgarian Citizenship Law
As an additional option, John decides to apply for Bulgarian citizenship on the basis of § 14 (1) of the Transitional and Final Provisions to the Act on Amendments and Supplements to the Bulgarian Citizenship Law. The text of the norm reads:
A person who, prior to the entry into force of this Law, has obtained a permanent residence permit in the Republic of Bulgaria on the basis of Art. 1, par. 1, p. 6 and 7 of the Bulgarian Foreigners Law in accordance with the provisions of the Law in force at the time of the application, shall be entitled to apply for Bulgarian citizenship if he/she meets the conditions under Art. 12, par. 1, p. 1, 2, 3 and 4 and provided that the investment made by him has been maintained for a period of not less than 5 years.
Since John has made the necessary investment and has maintained it for more than 5 years, the BCL allows him to apply for Bulgarian citizenship. However, this is not the view of the Citizenship Council. Here is what they wrote in their opinion to our lawyer:
“John” may not apply on the basis of § 14, par. 1 of the BCL, because by the Act on Amendment and Supplement to the BCL, promulgated in SG No. 26 of 2022, the possibilities for acquiring Bulgarian citizenship by naturalisation on the basis of an investment were abolished. On the basis of § 7 of the Amendment to the BCL (promulgated in SG 26 of 01.04.2022) the pending proceedings under the repealed Articles 12a and 14a are terminated, and § 14, par. 1 of the BCL (promulgated, SG No. 21 of 12.03.2021) shall not take effect independently.
However, it should be reminded that § 7 of BCL from 2022 only terminates the pending proceedings under the currently repealed art. 12a and 14a of the BCL. This in no way means that the proceedings under § 14 par. 1 of the BCL from 2021 are repealed as well. This norm (§ 14 par. 1) by the way does not affect at all the proceedings under Articles 12a and 14a of the BCL. In order to make it clearer, let’s remind you what § 14 (1) of the BCL from 2021 states:
A person who, prior to the entry into force of this Law, has obtained a permanent residence permit in the Republic of Bulgaria on the basis of Art. 1, par. 1, p. 6 and 7 of the Bulgarian Foreigners Law in accordance with the provisions of the Law in force at the time of the application, shall be entitled to apply for Bulgarian citizenship if he/she meets the conditions under Art. 12, par. 1, p. 1, 2, 3 and 4 and provided that the investment made by him has been maintained for a period of not less than 5 years.
On what basis does the Citizenship Council think that § 7 of the BCL from 2022 repeals § 14, par. 1 of the BCL from 2021 remains another deep mystery for us!
Obviously, acquiring Bulgarian citizenship is not easy. But we are at the client’s disposal and dare to say that we are able to successfully assist even in the most difficult situations. You can contact us for more information.