1. Which are the procedures for the incorporation of Security Council Resolutions imposing sanctions into the internal legal order of your State? Are they incorporated through legislation, regulations or in any other way? Has the implementation given rise to any constitutional or other legal problems at national level? Is there any relevant case-law?

(March 2006)

According to Article 24 of the UN Charter, the Security Council has as its primary responsibility the maintenance of international peace and security. In order to exercise its function it may adopt biding resolutions, which according to Article 25 UN Charter should be accepted and carried out by the member states. Despite the imperative character of these resolutions, their actual incorporation into the legal order of each individual state remains internal responsibility and is strictly specific.
The International Treaties Act of the Republic of Bulgaria regulates the fulfillment of responsibilities arising from the international treaties to which the Republic of Bulgaria is a party. The incorporation of Security Council resolutions imposing sanctions into the internal legal order is done upon the acceptance and periodic actualization of various decrees of the Constitution, which regulate the concrete, sanction measures that need to be implemented.

2. Does the choice depend on the content and the legal nature of the Security Council Resolution?

Yes, the choice depends on the content of the Security Council Resolution. In some rare occasions the incorporation of Security Council resolutions into the internal legal order is done upon the acceptance of laws by the parliament.

3. When sanctions are imposed for a fixed period of time which is not renewed, are they tacitly repealed within your domestic legal order or is any normative action required?

As a rule a normative action is required when sanctions are imposed for a fixed period of time. They are not tacitly repealed within the Bulgarian legal order if in the legal act there is no fixed period.

4. When a Security Council Resolution imposing an export embargo provides for exceptions while not establishing a committee to authorise such exceptions, does the incorporating act appoint a national authority, which is competent to authorise export?

When a Security Council resolution imposing an export embargo provides for exceptions while not establishing a committee to authorize such exceptions, the incorporating act (normative act in the form of decree of the Council of Ministers) does appoint a national authority, which is responsible for the implementation of the act.

5. Are Sanctions Committee decisions specifying Security Council sanctions or setting conditions for their activation incorporated into domestic law?

Sanctions Committee decisions provide regular assessment of Security Council sanctions and aim at the effective implementation and monitoring of sanctions regimes within the domestic legal order. Therefore, they are considered and used as a guideline by the Council of Ministers when implementing the Security Council regulations.

6. Have there been cases where the act incorporating sanctions in the domestic legal order was challenged in court for being in violation of human rights? For example, have national courts assumed jurisdiction in cases where sanctions are challenged by individuals affected by sanctions: a. if implemented through EU regulations? b. if implemented directly at national level?

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7. Are there decisions of national courts or state practice concerning the relationship between sanctions towards individuals and the human rights of these individuals?

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