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Ple​ase note that the EUAA Case Law Database will not be available from 30 July to 7 August 2024 and disturbances may be experienced from 8 to 19 August 2024. 


The second edition of the EUAA Quarterly Overview of Asylum Case Law​ for 2024 was published and it includes the most relevant asylum judgments pronounced by national and European courts from March to May 2024.

The next edition of the quarterly overview will be published on 16 September 2024.

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The EUAA Information and Analysis Sector can provide, upon request, online sessions on how to use the EUAA Case Law Database.

We also provide presentations on the latest jurisprudence interpreting the Common European Asylum System. 

For more information, contact us at caselawdb@euaa.europa.eu



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19/07/2024

BG: The Administrative Court of Varna ruled on social benefits for family with children, beneficiaries of temporary protection.

The case concerned a request made by an Ukrainian national beneficiary of temporary protection, to contest the decision of the Director of the "Social Assistance" Directorate - Varna, containing a refusal to grant a one-time aid for a student enrolled in the first, second, third and fourth grades.

The applicant argued that she and her family are entitled to social assistance and that the contested decision violated the Law on Family Benefits for Children, Article 10 (6), the UN Convention on the Rights of the Child.

The Administrative Court of Varna allowed the appeal and annulled the contested decision. The court found that the contested decision was issued by respecting the procedural rules for issuing administrative acts, but the question was whether the substantive law was incorrectly applied.

The court noted that the provision of Art. 10a para. 1 of the Law on Family Benefits for children provides that families whose children are enrolled in the first grade or are enrolled or continue their education in the second, third and fourth grades of school, are granted a one-time aid to cover part of the costs at the beginning of the school year, when these children live permanently in Bulgaria and are not placed outside the family pursuant to Article 26 of the Child Protection Act. According to para. 2, the aid under para. 1 of Article 10a is granted regardless of the family's income. Also, Article 3 of the same law provides that the families of foreign citizens are entitled to same benefits, as long as they reside permanently and raise their children in Bulgaria and if the receipt of such benefits is provided for in another law or in an international treaty to which the Republic of Bulgaria is a party.

The Administrative Court of Varna referred to Articles 13 and 16 of the European Social Charter as well as to Article 27 of the UN Convention for the Rights of the Child to state that the aid under Article 10a para. 1 of the Law on Family Benefits for Children is part of the social assistance system, it falls entirely within the scope of Art. 16 of the European Social Charter and should be interpreted as part of the states' obligations under Article 27 of the CPC.

The Administrative Court concluded that Article 3 item 5 of the Law on Family Benefits for children also includes foreign citizens who have been granted temporary protection and have the right to stay on the territory of the Republic of Bulgaria. A different conclusion would lead to a situation of discrimination.

The contested decision was annulled, and the authority was instructed to follow the interpretation and application of the law as stated by the court.

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19/07/2024

CY: An asylum applicant detained on grounds of national security or public order was granted legal aid to challenge his detention as the conditions provided by the Legal Aid law were met.

An applicant from the Democratic Republic of the Congo who was detained on grounds of national security or public order requested legal aid to lodge an appeal against the decision ordering his detention.

The judge concluded that the conditions laid down in Article 6B(7)(a) of the Legal Aid Law of 2002 were met, namely that legal aid concerned proceedings at first instance and not before the Supreme Court. Second, that following Article 7 of the Law on Legal Aid, the applicant lacked economic resources and that 'due to the seriousness of the case or other circumstances it is desirable in the interest of justice to receive free legal aid for the preparation and handling of the case'.  Article 7 stipulates that a certificate for  legal aid might be issued by the judge on consultation of a report submitted by the Social Welfare Services. Although such report was not submitted in the case of the applicant, the judge evaluated his socio-economic situation ex-officio, based on information within the application form for the provision of legal aid as well as the statements of the applicant during his hearing. The judge noted that the applicant, who remained in custody as per the detention order, was unmarried, has no children and is declared unemployed and without any income, or any other substantial movable or immovable property.

The judge ordered the competent registry office to proceed with the appointment of a lawyer for the applicant, since legal aid is in the interest of justice and due to the seriousness of his case, i.e. as it concerned the very freedom of the applicant.

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