Bulgarian National Programme under the Asylum, Migration and Integration Fund 2021–2027, Procedure No 2, Specific Objective 3 “Return”, BG65AMPR001-3.003

What is the Forced Return Monitoring Initiative?

Effective oversight of the forced return of third-country nationals is essential both for safeguarding fundamental rights and for maintaining trust in the institutions of the EU and its Member States. Against the backdrop of the new European legislative framework on migration and asylum, the initiative “Effective Monitoring of Forced Return”, implemented by the Center for the Study of Democracy and PMG Analytics, supports the Bulgarian authorities in ensuring that return operations are carried out with full respect for human dignity, transparency and accountability.

A specialised expert team conducts an in-depth review of the national and European strategic and legal framework governing the return of third-country nationals without a legal right to stay, and maps good European practices for monitoring forced return procedures. On this basis, the initiative develops an updated monitoring guide for forced return, setting out clear standards and practical guidance for monitors and competent institutions.

A second core component is the direct monitoring of selected forced return operations. Each observation results in an analytical report, and the consolidated findings will feed into a public policy analysis with concrete recommendations for improving national policies and the regulatory framework on return. In this way, the initiative contributes to more effective and fair migration management in Bulgaria, in line with European human rights standards.

Strategic objectives and expected changes in practice

Over the past three years, the number of third-country nationals returned from Bulgaria has increased significantly – from 583 persons in 2022 and 565 in 2023 to 1,015 in 2024. At the same time, observations by the Office of the Ombudsman of the Republic of Bulgaria have highlighted a number of gaps in forced return procedures: incomplete personal files, lack of evidence that returnees have been properly informed about the return decisions and their right to appeal, and insufficient information on access to legal aid. These shortcomings increase the risk of fundamental rights violations and erode trust in the authorities.

In this context, the initiative aims to strengthen the system for monitoring forced return so that each operation – whether return to the country of origin, a transit country, a third country or expulsion – is carried out efficiently, safely and with respect for human dignity.

The specific objectives are as follows:

• to develop a clear and coherent monitoring framework based on a review of national and European legislation and good practice from other countries;
• to prepare an updated monitoring guide that sets out practical standards for the work of monitors and competent institutions;
• to ensure systematic and independent monitoring of real-life forced return operations and translate the findings into concrete recommendations for improving practice.

The longer-term ambition is to help build a more transparent, predictable and fair system for monitoring forced return, ensuring that the actions of the Bulgarian authorities are fully aligned with the EU Charter of Fundamental Rights and with Bulgaria’s obligations under European and international law.

What will change in practice?

The initiative is designed to deliver concrete, operational results that strengthen the monitoring framework and improve protection for the rights of people subject to forced return. By the end of implementation, it is expected to result in:

• a comprehensive analysis of the strategic, legislative and institutional framework governing the return of third-country nationals, including a mapping of key challenges and risk factors for the rights of people in return procedures;
• an updated and publicly available monitoring guide for forced return, aligned with the new European rules and with good practices, and serving as a practical tool for monitors and institutions;
• 20 independent observations of forced return operations – to the land border at the Kapitan Andreevo border crossing point and to the air border at Sofia Airport – covering the key stages of the process (pre-return and pre-departure), each accompanied by a structured monitoring report;
• a policy brief consolidating the findings from the observations and offering specific recommendations for improving legislation, procedures and practice, to be discussed with the responsible authorities and other stakeholders;
• a closing expert meeting with representatives of public institutions and civil society organisations to discuss the results and agree on follow-up steps to ensure sustainable implementation of the recommendations.

In the longer term, the initiative seeks to contribute to more transparent and predictable return procedures, better information for returnees about their rights, and higher levels of public trust in the institutions responsible for migration management.