Задължението на България да криминализира наемането на работа на незаконно пребиваващи чужденци
The Obligation of Bulgaria to Criminalize the Employment of Illegally Staying Foreigners

Summary/Abstract: Bulgaria’s obligation to criminalize the employment of those foreigners who are illegally staying in the country arises from the EU penal law regime in the field of immigration. The deadline for the Member States’ performance of this obligation is 20 July 2011. The content of the obligation is exposed in the context of the overall penal law regime of the EU for counteraction to illegal immigration. The analysis of the main features of the EU regime for counteraction to illegal immigration and the degree to which the Bulgarian penal legislation complies with it results in certain conclusions and recommendations. First, a general regulatory act of the EU is needed, outlining the counteraction to illegal immigration. That act should be a Directive grounded on Art. 83 of the Treaty on the Functioning of the EU and should summarize the regime under the said three regulatory acts, eliminating the weak points of this regime. Second, the new penal law regulation of the EU in the field under consideration should have its scope substantially extended. It should not only regulate in more detail the grounds for differentiation of criminal responsibility for illegal immigration, but also formulate the basic standards on sanctioning this immigration. Third, it is in Bulgaria’s best interests to perform within the prescribed term its obligation to criminalize the employment of illegally staying foreigners. This would contribute to the realization of a specific interest that Bulgaria has stated it seeks to realize – not only to have its accession, but also to perform effectively its obligations as a country the territory of which forms part of the Schengen area.

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