On 24 July 2026  the Supreme Administrative Court of the Republic of Bulgaria confirmed by a final judgement that some of the provisions of the "Programme for Humanitarian Support and Integration of Displaced Persons from Ukraine Granted Temporary Protection" adopted by the Council of Ministers are unlawful and annulled them.

I. Background

On 02.05.2025, a Decision was published on the website of the Council of Ministers – pris.government.bg,[1] by which, pursuant to Art. 2, para. 2 of the Asylum and Refugees Act, a new Programme for Humanitarian Support and Integration of Displaced Persons from Ukraine Granted Temporary Protection in the Republic of Bulgaria (hereinafter briefly the "Decision", and respectively the "Programme").

The Programme entered into force on 01.05.2025. Under the new Programme, displaced persons from Ukraine granted temporary protection after 24.02.2022, who do not fall within a risk group, may benefit from this Programme once, for a period of up to 60 calendar days. The Programme sets out the criteria under which a person falls within a risk group and, on that basis, may benefit from accommodation for the entire duration of the temporary protection until 04.03.2026. 

Following the adoption of the Programme, thousands of Ukrainians with temporary protection in the country faced a number of difficulties – both in connection with the submission of documents for participation in the new Programme and, above all, in connection with the period for which they may remain accommodated and whether they fall within the so-called "risk group", which allows a stay until 04.03.2026. 

In its article Separated Families and Denied Shelter: Who Is Left Out of the New Programme for Humanitarian Support and Integration of Displaced Persons from Ukraine? the Foundation for Access to Rights drew detailed attention to all the problematic aspects of the Programme, including with regard to the most vulnerable –  children. An important step towards protecting the rights and interests of persons with temporary protection was also the judicial appeal against the Decision of the Council of Ministers for the adoption of the Programme, lodged by affected persons with temporary protection who were supported by FAR with legal aid and representation. 

II. Court judgement

As a result of this judicial appeal, on 19.02.2026 the Supreme Administrative Court delivered a judgement[2], by which it annulled the Decision of the Council of Ministers of the Republic of Bulgaria for the adoption of the Programme for Humanitarian Support and Integration of Displaced Persons from Ukraine Granted Temporary Protection in the Republic of Bulgaria, in the part concerning precisely which children fall within the so-called "risk group". The Court found that the contested provisions concerning children and families with children are contrary to national and European law, including the national definition of vulnerable persons, as well as internationally binding standards for the rights of the child.

The Supreme Court holds that "In point 5.1, letter "a" of section "V. Risk Groups" of the Programme, a category of persons is specified which defines persons within the risk group, namely: a child from 0 to the completion of 12 years of age, accompanied by one parent or another adult caring for the child by authorisation. The category of persons thus introduced is in complete contradiction with the definition set out in §1, item 17 of the Additional Provisions of the Asylum and Refugees Act, there is a narrowing of the range of persons who should fall within a risk group, namely a child from 0 to 12 years of age, under the circumstance that the child is accompanied by one parent or another adult caring for the child by authorisation..... Furthermore, the requirement introduced in the Programme that the child be accompanied by one parent or another adult violates the fundamental principle of family unity. The family is the basic cell of society and the natural environment for the well-being of its members and, above all, of children. As is evident from the preamble of the Convention on the Rights of the Child, which has been adopted, ratified, promulgated and is in force for the Republic of Bulgaria, directly applicable pursuant to Art. 5, para. 4 of the Constitution, it is provided that for the full and harmonious development of the child's personality, the child must grow up in a family environment. From Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) we can likewise derive the conclusion that the right to family life is singled out as a fundamental human right, the protection of which the State is obliged to ensure. This normative recognition of the child–parent bond has its natural psychological basis, and its impairment may lead to irreversible consequences for the psychological well-being of both the child and its parents."

The judgement of the Supreme Administrative Court was appealed by the Council of Ministers of the Republic of Bulgaria before an enlarged, five-member panel of the Supreme Administrative Court.

The final Judgement of the Supreme Administrative Court

By Judgement No. 8318 of 24.07.2026 in administrative case No. 3958/2026[3] a five-member panel of the SAC, 1st Division, dismissed the cassation appeal of the Council of Ministers as unfounded and upheld the judgement of 19.02.2026.

The five-member panel confirmed the conclusions of the three-member panel that the contested provisions of point 5.1, letter "a" and point 5.2, letter "a" of the Programme are contrary to norms of a higher rank.

The Court expressly emphasised that the Council of Ministers, in adopting the Programme, was obliged to comply both with the national legal framework and with the law of the European Union concerning temporary protection.

The SAC also noted that the State's obligation to ensure access to appropriate accommodation for persons with temporary protection arises both from Art. 39, para. 1, item 3 of the Asylum and Refugees Act and from Art. 13 of Directive 2001/55/EC.

The Court attached particular importance to the need to preserve family unity. It was accepted in the case that, for children who are outside their country of origin, maintaining the bond and living together with both parents is of critical importance, and that the forced separation of the family would lead to serious harm to the best interests of the child.

The judgement of the five-member panel is final.

III. Significance

This is a strategic victory not only for the appellants, among whom are parents and minor children, but also for all displaced families in Bulgaria who encounter legal and administrative obstacles in accessing support and accommodation.

The judgement has important consequences for the practical implementation of policies for the support of displaced persons in Bulgaria:

• It restores the rights of a significant number of families with children who were excluded from the Programme for Humanitarian Support;
• It emphasises that the conditions for support cannot restrict access on the basis of formal age and educational criteria that create inequality.
• It confirms that the protection of children and the right to family life must be a guiding principle in the design and implementation of social and integration programmes.

Thus, the judgement is an important step forward in defending the rights of persons with temporary protection, underscoring the role of non-governmental organisations as an effective legal intermediary and defender of citizens' rights. We thank our donors and partners for their trust and support – this success is the result of our joint efforts for justice and equal access to rights and services.

[1] https://pris.government.bg/document/6d69bf743388f6a39ebd340a91111fb6

[2] https://info-adc.justice.bg/courts/portal/edis.nsf/e_act.xsp?id=2597351&code=vas&guid=1297780429

[3] https://info-adc.justice.bg/courts/portal/edis.nsf/e_act.xsp?id=2659066&code=vas&guid=1272788627