Rapporteur
Румен Ненков
Author of request
омбудсмана на Република България

Purpose of the request

установяване на противоконституционност на чл. 75, т. 5 и т. 6 от Закона за българските лични документи

Adminissibility resolution:
Dissenting opinion on a decision:
Opinion on a decision:

Resolution - 2

The right of citizens to travel abroad freely is not absolute. However, it may be restricted by an enacted statute only where that statute seeks to adequately and proportionately protect certain values enshrined in the Constitution such as national security, public health and the rights and freedoms of other citizens. According to the enacted provision, which lays down an administrative prohibition, citizens may not travel abroad freely when they have incurred a significant public or private debt. The measure is excessive and hence anti-constitutional. It is an unlawful instrument of coercion as it is to be applied indiscriminately and for an indefinite period.