A person born to a mother or father who is a Bulgarian citizen is definitely of Bulgarian origin

We have written extensively on the topic of Bulgarian origin. You can also read our article Proving Bulgarian origin after emigration and loss of Bulgarian citizenship. Today, we will examine a very specific statement, namely that:

Anyone born to a mother or father (at least one parent) who is a Bulgarian citizen is automatically of Bulgarian origin. Bulgarian origin remains forever, even if at some point the person loses their Bulgarian citizenship. Bulgarian origin is present even if the person and their parents are of non-Bulgarian ethnicity.

The only scenario in which the above statement would be untrue is if certain provisions of the Bulgarian Citizenship Law were declared unconstitutional.

This statement seems quite categorical, even to us. However, after analysing Definition No. 14535 of December 3, 2014, of the Bulgarian Supreme Administrative Court (SAC), it turns out that the court does indeed assert this. Moreover, the SAC’s arguments are flawless.

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The definition of the Supreme Administrative Court

Definition No. 14535 of the Supreme Administrative Court (CONCLUSION)
According to Article 6 of the Constitution, all people are born free and equal in dignity and rights. All citizens are equal before the law. No restrictions on rights or privileges based on race, nationality, ethnicity, gender, origin, religion, education, beliefs, political affiliation, personal and social status, or property status are permitted. As established by the Constitution, the other concept with ethnic content – “nationality” – is also used solely to designate it as a characteristic on the basis of which different treatment is inadmissible.

If the term “Bulgarian” used in paragraph 2, item 1 of the Additional Provisions of the Bulgarian Citizenship Law is understood as ethnic, then the nationality or ethnic origin of persons who have lost Bulgarian citizenship and are applying for its restoration will serve as grounds for different treatment. Thus, persons of Bulgarian ethnic origin will be placed by law in a more favorable position than persons of other ethnic origins who have lost their Bulgarian citizenship when it comes to its restoration. This is in direct contradiction to the principle of equality of all citizens before the law and is contrary to the prohibition of discrimination – Article 6 of the Constitution. That is why the concept of “Bulgarian”, in view of the constitutional regulation of the fundamental principles of the state, cannot be interpreted in terms of its ethnic content, but in terms of its legal content – the legal and political relationship between a person and the Republic of Bulgaria, i.e. Bulgarian citizenship.from Definition No. 14535 (edited and translated)

According to § 2 of the Additional Provisions of the Bulgarian Citizenship Law, a “person of Bulgarian origin” is a person who has at least one Bulgarian ancestor. By replacing the term “Bulgarian” with “Bulgarian citizen,” according to the definition of the Supreme Administrative Court, it follows that:

A “person of Bulgarian origin” is a person who has at least one ascendant (mother or father) who is a Bulgarian citizen.

What if the ascendant became a Bulgarian citizen AFTER the birth of the person (the child)?

Let us imagine the following scenario. A foreign citizen acquires Bulgarian citizenship through general naturalization at a mature age. Should his child (a non-Bulgarian citizen) be considered a person of Bulgarian origin after his father’s naturalisation?

Formally speaking, according to the definition of “Bulgarian origin” and the definition of the Supreme Administrative Court, the answer is “YES.” Additionally, according to Article 8 of the Bulgarian Citizenship Law, “A Bulgarian citizen by origin is anyone who has at least one Bulgarian parent.” The child of a naturalised foreigner seems to fully meet the legal definition, doesn’t it?

In fact, the child should be:

  1. Bulgarian citizen by origin (Article 8 of the Bulgarian Citizenship Law);
  2. A person of Bulgarian origin (p. 1 of the Additional Provisions of the Bulgarian Citizenship Law);
  3. Bulgarian citizen (Article 25, paragraph 1 of the Constitution).

However, it turns out that the child does not acquire any of the above three statuses.

It will be able to acquire Bulgarian citizenship, but only after a naturalisation procedure under Article 15, paragraph 1, item 3 of the Bulgarian Citizenship Law.

The child will NEVER be of Bulgarian origin, because origin is determined at the moment of birth and cannot be changed afterwards.

Finally, the child will never be a Bulgarian citizen by origin1. If it acquired this status through his father’s naturalisation, the child would not have to be naturalised through a separate procedure (Article 15, paragraph 1, item 3 of the Bulgarian Citizenship Law), but would automatically receive Bulgarian citizenship. However, such a procedure is not provided for in Bulgarian legislation.

1 “Bulgarian citizen by origin” should not be understood as “Bulgarian citizen” who is also “a person of Bulgarian origin.”

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