Delay in Bulgarian Citizenship Applications: Legal Remedies to Overcome Ministry of Justice Inaction

Private Clients, Citizenship and Immigration

A growing number of foreign nationals find their Bulgarian citizenship applications stalled for months—sometimes years—beyond the deadlines set by law. If the online platform has shown “mandatory coordination procedure” for longer than it should, you are not powerless. Bulgarian legislation provides a clear, court-enforceable route to compel the Ministry of Justice (“MoJ”) to act and many have used it successfully. 

Legal Framework

• Bulgarian Citizenship Act – sets the  the substantive and procedural requirements for various grounds of naturalisation and the statutory decision-making periods;
• Administrative Procedure Code (APC) – sets the mechanism to challenge “administrative silence”, including a “tacit refusal” by the MoJ. 

The Minister of Justice makes a recommendation to the President’s Office to grant or refuse citizenship on the advice of a consultary body called the Citizenship Council. 

Statutory Decision-Making Deadlines

The Bulgarian Citizenship Act establishes mandatory deadlines within which the Ministry of Justice is required to issue a decision on citizenship applications, depending on the legal basis invoked by the applicant. These timeframes are as follows:

The time period begins to run from the date of submission of the complete application file to the Ministry of Justice. This date is usually provided to the applicant together with PIN code and information on how to track the application.

Legal Consequence of Inaction: Tacit Refusal

If the Ministry of Justice fails to issue a decision within the statutory period, such inaction is deemed a tacit refusal. Although the Ministry may not explicitly communicate a rejection, its failure to act within the legally prescribed timeframe is treated under Bulgarian administrative law as a refusal to grant citizenship.

This legal fiction enables the applicant to initiate judicial proceedings to challenge the failure of the Ministry to fulfill its procedural obligations.

Judicial Remedy: Challenging the Tacit Refusal

In accordance with the APC, applicants are entitled to file an appeal against the tacit refusal before the Sofia District Administrative Court. This action must be brought within 30 calendar days from the expiration of the statutory deadline applicable to the applicant’s case.

For instance, if an individual of Bulgarian origin submitted their application on 1 August 2024, the nine-month deadline would expire on 1 May 2025. If no decision by the Ministry of Justice is rendered by that date, the applicant would have until 30 May 2025 to initiate court proceedings.

Nature of the Proceedings

Such judicial proceedings are single instance (non-appealable) and are limited to reviewing the procedural legality of the Ministry’s conduct—specifically, whether the statutory timeframe has been breached.

Courts generally rule in favor of the applicant, ordering the Minister of Justice to resume and conclude the administrative procedure. Importantly, the court does not have competence to issue a decision on the merits of the citizenship application itself; it merely compels the Ministry to perform its statutory duty to issue a decision.

Legal Costs and Reimbursement

Pursuant to Section 143 of the APC, if the claim is successful, the Ministry of Justice—as the losing party—will be ordered to reimburse all or partially litigation expenses, including:

• Court fee (currently BGN 10 in administrative cases);
• Full or partial egal-representation costs;
• Any other incidental expenses during the proceedings such as translations, copies, couriers, etc.

It is important to note, however, that although the court may award costs promptly, the actual reimbursement by the MoJmay be subject to delays of up to one year from the issuance of the judgment.

Practical Aspects

• Track your case online and diarise the statutory deadline the moment you file.
• Assemble evidence of the filing date (receipt, PIN code print-out).
• Seek specialised counsel as soon as the deadline passes—missing the 30-day window renders the tacit refusal final.
• A court claim need not—and should not—argue the merits of your citizenship case; it attacks procedural delay only.
• Success rates in such actions are high; the threat of litigation alone often accelerates overdue files.

Conclusion

Persistent delay in Bulgarian citizenship applications is a systemic issue, but Bulgarian law equips applicants with an efficient judicial remedy. By invoking the tacit-refusal mechanism promptly, you can transform MoJ inertia into a binding court order—moving your application, and your future in Bulgaria, forward.