The trap set in the Bulgarian Citizenship Law and the confused judiciary – the concept of “Bulgarian“
What is written in the article, of course, applies fully to all others who emigrated from Bulgaria in the past (now living in Israel, Russia, and elsewhere).
Bulgarian
The term “Bulgarian” appears only once in Bulgarian legislation – in the Bulgarian Citizenship Law. Unfortunately, there is no legal definition of this term. It is precisely the understanding of what “Bulgarian” means that determines which foreigners are considered to be of Bulgarian origin and, accordingly, can obtain Bulgarian citizenship by origin.
The term ‘Bulgarian’, used in § 2, p. 1 of the Supplementary Provisions of the Bulgarian Citizenship Law, has remained an enigma for 28 years.
For the first time: A historical analysis of the Bulgarian Citizenship Law – what did the authors of the law have in mind when it was adopted in 1998?
For the first time, in this article we will analyze not only the legislation concerning the meaning of the term “Bulgarian“, but also the transcripts of the debates during the adoption of the current Bulgarian Citizenship Law. We will attempt to show exactly what the members of parliament had in mind when they passed the law back in 1998.
Svetoslav Luchnikov and Ginyo Ganev – emblematic figures of Bulgarian law and the authors of the 1998 Bulgarian Citizenship Law
In our article, we will go 28 years back in time. Today we will analyse the statements made in the plenary hall during the adoption of the law. We will examine the views of Mr. Svetoslav Luchnikov (1922–2002), the de facto author of the current Bulgarian Citizenship Law. We will also look at the positions of Mr. Ginyo Ganev (1928–2016). Both politicians were members of the 38th National Assembly. They were among the most prominent figures in Bulgarian law during that period. Their contribution to the creation and adoption of the current Bulgarian Citizenship Law was decisive.
Highly controversial judicial practice
The current judicial practice regarding the meaning of “Bulgarian” under the Bulgarian Citizenship Law is highly controversial. Some courts hold that a “Bulgarian is a person who, by origin (from the mother or father), has Bulgarian blood”. This definition is not linked to Bulgarian citizenship as a legal concept. Another view, expressed by the Supreme Court, is that “Bulgarian” should be interpreted in its legal sense. It refers to the legal and political connection between a person and the Republic of Bulgaria, i.e., Bulgarian citizenship. These two interpretations create significant contradictions. They prevent many foreigners from obtaining Bulgarian citizenship.
Why it is extremely important to know what “Bulgarian”, “of Bulgarian origin”, and consequently “Bulgarian citizen” mean
Who is a Bulgarian, of Bulgarian origin, and consequently a Bulgarian citizen? Without a clear and unambiguous answer to this question, we cannot have a state or a constitution – nothing. This is the most important question for any country, because without a clear definition of who is a citizen, a state simply cannot exist.
/The state (polis) is a community of citizens./Αριστοτέλης /Aristotle/
The legal “legacy” from 28 years ago that no institution wants to “fix”
The 38th National Assembly, acting as the Bulgarian legislator in 1998, set a cunning trap. For 28 years, it has left the question of who is Bulgarian unanswered. Who can become a Bulgarian citizen by origin also remains unclear. Without a clear answer, our state faces a serious problem. The “institution of Bulgarian citizenship” is still not fully defined. The state’s fundamental building block, the citizen, remains undefined.
After 28 years, the problem still exists. As far as we know, no institution has requested an interpretative ruling from the Supreme Court. No political party has proposed an amendment to the Bulgarian Citizenship Law to clarify the meaning of the term “Bulgarian.” Does this mean that the state does not want the problem to be solved?
The Revival Process of the last century – are the emigrants in Turkey “Bulgarians”?
Isn’t the trap set in 1998 extremely convenient for certain circles in Bulgaria? This trap limits the ability of many Bulgarian Turks (and others) to obtain Bulgarian citizenship or even be recognized as Bulgarian citizens. Isn’t that exactly what some bureaucrats want? Could the tragic events of the “Revival Process” in the last century, which caused many Bulgarian citizens to emigrate to Turkey, be the reason for the ongoing confusion created by this 1998 trap? A trap that prevents the descendants of emigrated Bulgarians in Turkey from being recognised as Bulgarians and Bulgarian citizens.
Who is a Bulgarian? Who is a Bulgarian citizen?
In this article, we will try to answer these questions. We will also attempt to clarify who is a “Bulgarian” – a term that has become increasingly enigmatic. This is especially true in light of the recent decision of the Supreme Court of Cassation No. 495 of August 12, 2025, in civil case No. 3192/2024. This time, however, we will also provide a historical analysis of the Bulgarian Citizenship Law. We will go back 28 years and examine what the members of parliament – the authors of the law in 1998 – had in mind.
According to § 2 of the Supplementary Provisions of the Bulgarian Citizenship Law:
“A person of Bulgarian origin” is a person who has at least one ancestor who is Bulgarian.
§ 2, p. 1 of the Supplementary Provisions of the Bulgarian Citizenship Law
A definition of the term “Bulgarian” is not provided in Bulgarian legislation. This legal vacuum has led to contradictory judicial practice and violated the rights of descendants of Bulgarians who are not recognised as Bulgarian citizens.
Before proceeding, we recommend that you read our articles:
- Bulgarian, Bulgarian citizen or person of Bulgarian origin?
- Bulgarian citizenship by origin for Turkish emigrants
- Why persons born to at least one parent who is a Bulgarian citizen are ALWAYS of Bulgarian origin
- Bulgarian origin according to the Bulgarian Supreme Administrative Court (in Bulgarian)
- How to prove Bulgarian origin?
- Proving Bulgarian origin after emigration and loss of Bulgarian citizenship
New decision of the Supreme Court of Cassation No. 495 of August 12, 2025
According to the above-cited decision of the Supreme Court of Cassation, the term “Bulgarian” should be interpreted as:
The systematic interpretation of Article 15, paragraph 1, Article 15, paragraph 2, and § 2 of the Supplementary Provisions of the Bulgarian Citizenship Law leads to the conclusion that a “person of Bulgarian origin” within the meaning of the Bulgarian Citizenship Law is a natural person who has at least one ancestor up to the fourth degree who is Bulgarian. The ancestor – mother, father, grandfather, grandmother, great-grandmother, great-grandfather, great-great-grandmother, or great-great-grandfather – must have, or must have had until their death, an awareness of belonging to the Bulgarian nationality as a group of people, the Bulgarians, who identify themselves as connected through a common ethnographic genome, language, historical past, culture, traditions, customs, and folklore, and who, through this complex set of characteristics, differ from other nationalities. The citizenship or subjecthood of the ancestor of the person of Bulgarian origin is irrelevant.
decision of the Bulgarian Supreme Court of Cassation No. 495 of 12.08.2025 г.
In other words, the Supreme Court of Cassation holds that the term “Bulgarian” should be interpreted as a person who has, or has had, an awareness of belonging to the Bulgarian nationality as a group of people — the Bulgarians. Whether the person has, or has had, Bulgarian citizenship (subjecthood) is irrelevant.
We strongly disagree with this conclusion of the Supreme Court of Cassation, and we plan to publish our reasoning in a separate article. This decision of the Supreme Court of Cassation also contradicts Ruling No. 14535/2014 of the Supreme Administrative Court in administrative case No. 12221/2014, which we discussed in our article – Bulgarian citizenship by origin for Turkish emigrants.
The need for a historical analysis of the Bulgarian Citizenship Law of 1998
And ultimately, what does “Bulgarian” mean within the meaning of § 2, item 1 of the Supplementary Provisions of the Bulgarian Citizenship Law?
- A person who has or has had Bulgarian citizenship, or;
- A person with Bulgarian awareness and belonging.
Or maybe both?
Obviously, even the highest courts cannot reach a consensus on the meaning of the term “Bulgarian”. The only option left is a historical analysis of the Bulgarian Citizenship Law. The goal is to determine what the authors of the law had in mind 28 years ago. Today, we will look into the archives of the National Assembly. The aim is to understand how the Bulgarian Citizenship Law was adopted in 1998. Most importantly, we want to know who the authors of the law and the members of parliament who voted for it considered to be a “Bulgarian”.
Historical interpretation of the Bulgarian Citizenship Law
The current Bulgarian Citizenship Law was published in State Gazette No. 136 on November 18, 1998. Prior to that it was adopted by the 38th National Assembly. During the discussion and voting on the law, Mr. Svetoslav Luchnikov played a key role as the chairman of the Legal Affairs Committee. He was, in fact, the author of the main provisions of the Bulgarian Citizenship Law.
Although many amendments have been made to the Bulgarian Citizenship Law over the past 28 years, the provision regarding which persons are of Bulgarian origin has remained unchanged since 1998, namely:
“A person of Bulgarian origin” is a person who has at least one ancestor who is Bulgarian.
A definition of the term “Bulgarian” has not been provided in the Bulgarian Citizenship Law from its adoption in 1998 until today. And until we understand what “Bulgarian” actually means, we will not know who qualifies as a person of “Bulgarian origin”.
The plenary debates during the adoption of the Bulgarian Citizenship Law in 1998
The current Bulgarian Citizenship Law was adopted at second reading by the 38th National Assembly in two consecutive sessions on November 4 and 5, 1998. The bill was submitted by the Council of Ministers. The rapporteur was Mr. Svetoslav Luchnikov, chairman of the Legal Affairs and Anti-Corruption Legislation Committee. The transcripts of the sessions can be found in the archives of the National Assembly, as well as on our website at the following links: day one and day two (in Bulgarian).
From the analysis of the transcripts during the adoption of the law, only two statements addressed the concept of “Bulgarian” and, consequently, a person of Bulgarian origin. These are the statements we will examine in this article. They are the statements of Mr. Svetoslav Luchnikov and Mr. Ginyo Ganev.
Bulgarian citizenship by origin according to Mr. Svetoslav Luchnikov
On November 4, 1998, during the plenary debates before the second reading of the Bulgarian Citizenship Law, while discussing Article 13 (which later became Article 12), Mr. Ginyo Ganev proposed removing items 3 and 5. These were the requirements for a candidate for Bulgarian citizenship to “not have been convicted of a general criminal offense by a Bulgarian court” and to “have sufficient knowledge of the Bulgarian language”. The Committee did not support Mr. Ganev’s proposals.
Mr. Ginyo Ganev’s arguments for these proposals were that there are many political immigrants – candidates for Bulgarian citizenship – who have been convicted of “anti-state crimes”. According to Mr. Ganev, such a restriction should not apply to these candidates.
Regarding proficiency in the Bulgarian language, Mr. Ganev says:
I have said before that there are many people whose parents are Bulgarian citizens of the first, second, or third category, but their children simply do not know the Bulgarian language.
After statements by other members of parliament on the topic, Mr. Svetoslav Luchnikov made the following statement:
Rehabilitation erases the consequences of a conviction. Let’s not debate over such elementary matters.
As for proficiency in the Bulgarian language, as far as I know, in the United States, to acquire American citizenship, one must take an English language exam, even an exam on the Constitution of the United States. A country cannot open opportunities for acquiring its citizenship to individuals who have not made an effort to learn the Bulgarian language.
It is true that in the case where his father or mother were Bulgarian citizens, the person acquires Bulgarian citizenship by origin. So for them, there is no problem. But when that is not the case, quite simply, these individuals must somehow demonstrate their desire to integrate into the Bulgarian community.
We cannot accept people who cannot say “good day”. Thank you.
What Mr. Luchnikov is actually telling us
First, Mr. Luchnikov emphasizes that for ordinary naturalization, it is not necessary to remove the requirement that the person has no criminal convictions. This is because political immigrants are rehabilitated, which erases their convictions. Second, Mr. Luchnikov believes that it is not proper for a foreigner to acquire Bulgarian citizenship through ordinary naturalisation without knowing the Bulgarian language. Here, however, Mr. Luchnikov makes a very important clarification, namely:
It is true that in the case where his father or mother were Bulgarian citizens, the person acquires Bulgarian citizenship by origin. So for them, there is no problem.
Who is Svetoslav Luchnikov?
Svetoslav Luchnikov (1928–2002) was one of the most prominent lawyers and politicians in modern Bulgarian history. He studied law and worked as a lawyer. He was also a defender of human rights. Luchnikov became a key figure at the beginning of the transition period. He served as a member of parliament in several legislatures. Especially as chairman of the Legal Affairs Committee in the 38th National Assembly, he played a leading role in drafting and passing important laws. This includes the 1998 Bulgarian Citizenship Law, for which he also acted as rapporteur. He is considered one of the greatest authorities in Bulgarian law of that period. Luchnikov made an enormous contribution to the development of modern Bulgarian legislation.
In other words, the presumption is that individuals whose parents were Bulgarian citizens do not need to know the Bulgarian language, because they acquire citizenship by origin. But citizenship by origin, according to the draft law discussed in the National Assembly session, applies precisely to persons who have at least one ancestor who is Bulgarian. Therefore, the term “Bulgarian,” according to Mr. Luchnikov, means a person who was a Bulgarian citizen.
Let us not forget that Mr. Svetoslav Luchnikov was the rapporteur of the bill and chairman of the leading Legal Affairs Committee. His opinion should be accepted with exceptional trust. It becomes completely clear what the members of parliament meant regarding who is a “Bulgarian” – namely, that a “Bulgarian,” within the meaning of the Bulgarian Citizenship Law, is any person who has held Bulgarian citizenship.
What Mr. Ginyo Ganev told us during the vote on the Bulgarian Citizenship Law back in 1998
On the second day of voting on the Bulgarian Citizenship Law, Mr. Ginyo Ganev’s proposal was discussed. He suggested changing the original text of the Supplementary Provisions. The originally proposed text was:
§ 2. For the purposes of this law: 1. “A person of Bulgarian origin” is a person who has at least one ancestor who is Bulgarian.
To be amended as follows:
§ 2. 2. A Bulgarian by origin is a person who has at least one ancestor of Bulgarian nationality and possesses Bulgarian national consciousness, connected to objective criteria relating to their identity. A person also has Bulgarian nationality if they have lived, or an ancestor has lived, in lands that are or were within the borders of Bulgaria, or if they are recognised as Bulgarian under Bulgarian law, or according to tradition.
Indeed, the Legal Affairs Committee “did not support this proposal, which it found too unclear“, and Mr. Ginyo Ganev withdrew his proposal. It should be noted that the Committee did not reject it because it was wrong, but because it was unclearly worded. Still, let us see what one of the authors of the 1998 Bulgarian Citizenship Law meant.
Mr. Ginyo Ganev actually tried to give a legal definition of the term “Bulgarian” in the context of the Bulgarian Citizenship Law voted on the same day. He said that a Bulgarian is a person with Bulgarian nationality and Bulgarian self-awareness. He proposed that a person with Bulgarian nationality also includes anyone who has lived in Bulgarian lands. It also includes anyone recognised as Bulgarian under Bulgarian law or by tradition. This is clearly a person who was a Bulgarian citizen. Being recognised as Bulgarian under Bulgarian law is equivalent to being recognised as a Bulgarian citizen.
Who is Ginyo Ganev?
Ginyo Ganev (1928–2016) was one of the most respected Bulgarian lawyers and public figures of the 20th century. He served as a member of parliament in several legislatures and was a long-time chairman of the Human Rights Committee. He left a lasting impact on the development of democratic institutions. In the 38th National Assembly, he played a key role in the debates on the 1998 Bulgarian Citizenship Law. His authority and deep legal thinking significantly influenced the final text. Ganev was recognised as a moral authority and one of the leading figures in Bulgarian law.
Mr. Ganev’s proposal was not accepted. However, the proposed text clearly shows the legislator’s understanding when adopting the Bulgarian Citizenship Law regarding the term “Bulgarian”. A Bulgarian is anyone who has held Bulgarian citizenship. It also includes anyone connected to the Bulgarian nationality.
Conclusion
The historical analysis of the Bulgarian Citizenship Law makes it clear and unambiguous that, when adopting the law in 1998, the legislator certainly meant that:
A Bulgarian by origin is a person whose at least one parent held Bulgarian citizenship. Accordingly, a Bulgarian is a person who has held (or holds) Bulgarian citizenship.
It is very likely that the legislator’s idea in 1998 was to consider persons of Bulgarian nationality as “Bulgarians”. This is why the term “Bulgarian” was used, rather than “Bulgarian citizen” or “Bulgarian nationality”. In our view, the legislator intended the term “Bulgarian” to cover both forms of connection to the state. It includes both citizenship and national identity.
In light of the above, we can draw a clear conclusion that, according to the currently in force version of the Bulgarian Citizenship Law, the following applies:
Bulgarian citizenship by origin can be acquired by a person who has a family relationship with at least one ancestor up to the fourth degree, who has held Bulgarian citizenship (or subjecthood) or is of Bulgarian nationality.
This is our conclusion from the analysis of the Bulgarian Citizenship Law, both as it stands today and as it was adopted 28 years ago. Unfortunately, as far as we know, no court has conducted a historical analysis of this important legal institution – Bulgarian citizenship by origin. Different courts issue contradictory decisions. At times, a court says that “Bulgarian” means a person with Bulgarian citizenship. Other times, a court states that “Bulgarian” is a person of Bulgarian nationality. In our view, the objective truth is what the legislator intended when adopting the Bulgarian Citizenship Law – the term “Bulgarian” includes both cases.
If you have any questions, you can contact us for assistance.
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