Bulgaria Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving Bulgaria — Requested and Requesting State

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Bulgaria

Bulgaria Extradition Law & Case Law — 3 cases

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As requested
state
3
As requesting
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Connected jurisdictions
Case Law
EAW surrender: five-year residence requirement and insufficient evidence of prison conditions risk
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Summary
The requested person challenged an Italian appellate judgment authorising surrender to Bulgaria under a European Arrest Warrant issued for the enforcement of a sentence relating to bodily injury. The appeal relied, first, on the requested person’s alleged family and social integration in Italy and, second, on the risk of inhuman or degrading detention conditions in Bulgaria. The Court held that the five-year period of lawful and continuous residence or stay required by Italian law is a mandatory prerequisite for the optional ground for refusal based on residence, and that the presence of minor children does not by itself preclude surrender where another parent is able to care for them. It further held that the Aranyosi and Căldăraru mechanism is triggered only where the defence produces objective, reliable, specific and duly updated material demonstrating a real risk of inhuman or degrading treatment; generic references to prison overcrowding and an outdated CPT statement were insufficient. The appeal was therefore declared inadmissible and the surrender decision remained in force.
13/08/2026 · Italian Supreme Court · 31287/2026
🇮🇹Italy → 🇧🇬Bulgaria
GrantedEAW
EAW and sought person’s stable integration within the national territory
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Summary
In the context of a European Arrest Warrant, when deciding on a refusal of surrender based on the requested person’s stable integration within the national territory, the Court of Appeal is required—on pain of nullity—to specify in a detailed and reasoned manner the relevant statutory indicators and the corresponding assessment criteria. Accordingly, the failure to assess even one of these indicators constitutes a violation of law subject to review by the Court of Cassation.
04/04/2024 · Italian Supreme Court · 14055/2024
🇮🇹Italy → 🇧🇬Bulgaria
GrantedEAW
Country Contributor
Radoslav Shulev
Shulev & Partners LLC
Master of Laws and member of the Sofia Bar Association since 2009, Radoslav Shulev is the founder and managing partner of Shulev & Partners LLC (based in Sofia).
He assists individuals and companies in a broad range of legal matters, with a particular focus on cross-border cases, criminal law implications and international legal cooperation.
His practice includes advising and representing clients in matters involving extradition, immigration, mutual legal assistance and proceedings with international elements, providing strategic support to both Bulgarian and foreign clients.
As founder of the firm, he also coordinates the work of the office across its main areas of activity, ensuring an integrated approach to complex cases that may involve criminal, civil, commercial, family, property, labour, medical and enforcement law issues.
His experience in multidisciplinary and international matters enables him to assist clients involved in proceedings or legal situations in Bulgaria where domestic law intersects with foreign jurisdictions, international cooperation mechanisms and fundamental rights protection.
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