The building of the Council of Ministers
Sofia, April 1, 2026 - Thirteen Bulgarian evengelical churches and denominations are preparing to file a legal challenge before the Върховен административен съд (Supreme Administrative Court of Bulgaria) against specific provisions of newly adopted administrative Rules enacted by Order No. V-216/25.08.2025 of the Secretary General of the Council of Ministers.[1]
The challenged provisions introduce a system of prior administrative oversight over the participation of foreign religious ministers in worship and religious educational activities in Bulgaria. The Rules impose:
- requirements to justify the alleged “official necessity” of inviting a foreign religious minister;
- detailed notification obligations concerning the exact location and duration of religious activities;
- random administrative inspections of religious services;
- access by state authorities to internal registers of religious communities;
- administrative penalties for failure to comply with notification requirements;
- and the possibility of cross-border information requests regarding religious ministers.
According to the applicants, these measures go beyond statutory authority and effectively create a new legal regime through secondary legislation, without explicit parliamentary authorization.
Impact on Freedom of Religion
The Rules permit state authorities to assess and scrutinize internal religious decisions, including the justification for inviting a particular spiritual leader and the scope of their religious service. Such intervention directly affects the institutional autonomy of religious communities.
The case raises serious concerns under Article 9 of the European Convention on Human Rights, as interpreted by the Court, which has consistently held that state interference in the internal organization and leadership of religious communities violates the right to freedom of religion.
Restriction of EU Free Movement
Particularly concerning is Provision 13 of the Rules, which imposes detailed reporting requirements and introduces administrative liability related to EU nationals performing religious service in Bulgaria.
These requirements may directly interfere with the right to free movement of EU citizens under Articles 21 and 45 of the Treaty on the Functioning of the European Union and Directive 2004/38/EC.
By conditioning the exercise of religious activity on prior notification and exposing both the inviting institution and the religious minister to potential sanctions, the Rules risk transforming the fundamental right of free movement into a permission-based administrative regime.
The applicants consider this to be a disproportionate restriction on EU free movement rights and reserves the right to seek referral to the Court of Justice of the European Union if necessary.
Constitutional Concerns
The legal challenge will also raise the issue of constitutional compliance, including whether executive authorities may, through administrative rules, introduce material restrictions on constitutionally protected freedoms. If required, a request may be made for referral to the Конституционен съд (Constitutional Court).
Broader Implications
The case addresses a fundamental question: whether executive authorities may, through administrative regulation, expand state oversight into the internal life of religious communities and impose additional obligations affecting both religious autonomy and EU fundamental freedoms.
The complainants will pursue all available national and international remedies to safeguard freedom of religion, institutional autonomy, and the fundamental right to free movement within the European Union.
Further information will be provided upon formal registration of the case.
Footnotes:
1. The complainants are National Alliance of United Churches of God, Bulgarian Christian Baptist Church, Christian Church DAV Bulgaria, Christian Church "Royal Priesthood," Evangelical Faith Church, Plovdiv, Movement "Living Faith," Apostolic Church, Bulgarian Protestant Church "New Life," and others.
