VOTE OF NO CONFIDENCE FOR ENVIRONMENTAL FAILURE AND INSTITUTIONAL DERELICTION OF ENFORCEMENT OBLIGATION

SUMMARY

The present document constitutes a summary of a reasoned motion for a vote of no confidence in the Council of Ministers, chaired by Prime Minister Rosen Zhelyazkov, due to systemic failure in waste management governance, the tolerated existence of thousands of illegal landfills, institutional refusal to exercise oversight, and the violation of the right to a healthy and favourable environment, as enshrined in Article 55 of the Constitution of the

Republic of Bulgaria and applicable provisions of European Union law, including Directive

2008/98/EC and Directive 1999/31/EC.

Three principal grounds for the motion are substantiated: first – failure at both institutional

and managerial level concerning waste management policy; second – entrenched

administrative practices of formalism and responsibility-shifting among competent

authorities; third – existence of a large-scale and persistent institutionalised tolerance

towards violations, resulting in widespread and systemic environmental damage and

potential threats to national security.

The factual basis comprises over 7,500 submitted reports and over 4,500 confirmed illegal

landfills, of which less than 5% have been effectively remediated. A widespread practice of

mere soil coverage (“dusting”) rather than proper reclamation and oversight constitutes both

an administrative and legal breach of the Waste Management Act, the Environmental

Protection Act, and corresponding secondary legislation, including Ordinance No. H-4 of

2023.

Statutory responsibility is explicitly distributed among municipal mayors, Regional

Inspectorates of Environment and Water (RIEW) directors, regional governors, and the

Minister of Environment and Water. In many instances, inaction or merely formal fulfilment of

duties has led to an inability to exercise effective control and prevent violations.

Specific provisions of the Criminal Code are referenced as applicable under the established

circumstances, notably Article 352 (environmental crimes), Articles 387 and 388 (official

misconduct). It is further underscored that institutional refusal to forward materials to the

prosecution constitutes a breach of Article 33(2) of the Administrative Offences and

Sanctions Act (AOSA).

Cases of particular public concern are cited – including Kalimantsi, Koprinka, Chernevo,

Gurmazovo, Bozhurishte, Devnya, Sofia, Plovdiv, Pazardzhik, among others – highlighting

risks to strategic water sources, breaches of sanitary protection zones, transboundary water

bodies, and threats to human health and biodiversity.

The systemic inability of institutions to comply with the established legal framework is

emphasised – including ineffective enforcement of integrated permits, absence of monitoringand sanctions where landfill capacities are exhausted, unregulated discharge of leachate,

and lack of gas drainage systems, creating risks of fires and landslides.

A pattern of institutional behaviour is identified wherein control bodies systematically fail to

perform their legal functions, while financial allocations and the imposition of sanctions are

applied selectively, fostering conditions for political dependency and corruption, with

elements of deliberate non-enforcement of the law for political ends.

In conclusion, the institutional obstruction demonstrated by the Ministry of Environment and

Water, the regional inspectorates, and local authorities with regard to waste management

constitutes a sustained model of legal erosion, necessitating political accountability of the

government in its entirety.

The vote of no confidence is motivated not only by the legal unsustainability of the

executive's conduct but also by its demonstrative apathy toward its obligations to safeguard

public health, the rule of law, and environmental sustainability.

ENVIRONMENTAL CATASTROPHE

Scale of Pollution:

More than 4,500 confirmed illegal landfills across the country, from over 7,500 submitted

alerts (national data); fewer than 5% effectively cleaned; over 1,000 landfills merely covered

with soil (“dusted”) rather than removed; tens of thousands of decares of contaminated land,

including agricultural, forested, and urbanised areas. Landfills are frequently located in

ravines, near water bodies, or within sanitary protection zones, including around reservoirs,

karst areas, and drinking water springs.

Water and Soil Contamination:

Leachate discharge from overfilled landfills presents an acute threat to groundwater and

surface water. Violations are recorded at regional landfills in Gotse Delchev, Dospat, Petrich,

where unregulated discharges are systematically occurring. Landfills near the Sushitsa

River, Chepinska River, and Iskar Reservoir pose direct risks to drinking water. The karst

landfill in Chernevo is situated above a major water source (Devnya springs) without an

Environmental Impact Assessment (EIA) or monitoring in place.

Air and Chemical Pollution:

Industrial chemical and particulate waste is deposited without treatment. Landfills lacking

gas drainage systems are at heightened risk of methane build-up and fires. Authorities have

failed to act against open-air burning of waste, including electronics and plastics.

PUBLIC HEALTH CATASTROPHE

Direct Threat to Public Health:

Pollution of water sources in karst regions poses severe risks to potable water supply (e.g.

Devnya springs → Varna and Burgas). Landfills are situated near cemeteries, Romaneighbourhoods, schools, and children's facilities (Plovdiv, Asenovgrad, Motopista – Sofia).

There is evidence of exposure to carcinogenic and toxic substances via food, water, and air.

Social Vulnerability:

Roma districts are “overrun with waste” due to lack of collection services and administrative

neglect, deepening social isolation and environmental discrimination. Institutional inaction in

these areas constitutes a form of de facto unequal treatment and denial of fundamental

rights.

Lack of Health Surveillance:

The Ministry of Health has refused to carry out health risk assessments in affected areas,

despite its statutory obligation to do so. In cases such as Kalimantsi, Chernevo, and

Septemvri, no monitoring of population exposure has been undertaken, despite reported

risks.

INSTITUTIONAL CATASTROPHE

Systemic Inaction:

In over 90% of cases, the Ministry of Environment and Water and RIEWs respond merely

formally, without actual enforcement. In over 50% of cases, there is no response at all. Soil

covering is commonly used as a concealment method.

Violation of European Law:

Non-compliance with Article 13 of Directive 2008/98/EC and Articles 6, 9, and 11 of

Directive 1999/31/EC; potential for periodic fines under CJEU precedent (Case C-196/13

against Italy); violations of Article 6 of the Water Framework Directive 2000/60/EC – no

assessments or measures upon discharge.

Corruption and Clientelism:

RIEWs used as instruments of political pressure – opposition-aligned mayors are

sanctioned, while “aligned” ones are not. Public funds are allocated for “cleaning” actions

(e.g. Asenovgrad – BGN 9,300 per action) without actual performance. Contaminated lands

are repurposed for photovoltaic projects – a convergence of economic interest and

environmental irresponsibility.

Risks to National Security:

The described large-scale and long-term environmental degradation constitutes a threat to

national security. The executive's abdication of its duties to protect the health and resources

of the nation exacerbates this threat.

Compliance with EU Responsibility Principles

State Responsibility under EU Law:

Pursuant to CJEU jurisprudence, Member States bear direct responsibility for violations of

EU law by their authorities, including omissions or unlawful acts. This includes:● Article 13 of Directive 2008/98/EC requiring measures to ensure waste management

is carried out without endangering human health or harming the environment;

● Articles 6, 9, and 11 of Directive 1999/31/EC setting conditions for landfill operations,

infiltration control, monitoring, and administrative responsibility.

The Government, through the Ministry and RIEWs, has failed to fulfil these obligations,

allowing the systematic proliferation of illegal landfills, absence of effective control and

sanctions, and administrative concealment of the issue.

Principles of Prevention and Precaution:

Codified in Article 191 of the TFEU, these principles require Member States to:

● act preventively in the face of environmental and health risks;

● not postpone action until harm occurs;

● adopt a zero-tolerance policy toward unregulated risks.

The Government's sustained inaction in the face of environmental and health threats,

including those affecting strategic water sources, directly contradicts these principles. The

lack of EIA, refusal to monitor, and continued operation of overfilled landfills are incompatible

with the EU's precautionary model.

Principle of Accountability and Access to Justice:

Under the Aarhus Convention (ratified by Bulgaria) and the EU Charter of Fundamental

Rights (Articles 37, 41, and 47), citizens have the right to:

● access environmental information;

● participate in decision-making;

● seek justice for environmental violations.

The institutions’ refusal to act, sanction, respond to alerts, or refer cases to prosecutors

constitutes a breach of these rights and a failure of accountability mechanisms.

CJEU Jurisprudence:

The vote draws support from the judgment in Case C-196/13 (Italy), where the state was

fined:● €40 million lump sum;

● €200,000 biannual fine for each illegal landfill.

This underscores that the EU considers such systemic violations as severe and long-term

threats. Bulgaria faces an analogous factual and legal situation, with even broader violations and transboundary risks.

European Standard of Political Responsibility:

Within the EU, political accountability extends beyond criminal or administrative liability. It encompasses the obligation to resign in cases of persistent governance failure that:

● threatens fundamental rights;

● breaches EU law;

● erodes public trust in institutions.

This vote of no confidence meets that standard, as it is based on well-documented violations, a structural refusal to enforce the law, and an institutional pattern of complicity or neutralisation of legal norms. The motion is fully aligned with national constitutional order

and EU law, and constitutes a legitimate institutional response in defence of the public interest.

The necessity for the Government to assume responsibility derives from objectively established facts, the scale and systemic nature of the violations, and the legal obligations under European and national law.

Interactive landfill map YouTube: Landfills Bulgaria .

The work of the “Velichie” political party on registering and reporting illegal dumpsites in Bulgaria to the legally responsible institutions continues with full force, as does the pursuit of accountability from those in power.
This has become our mission, and we will not stop untilwe overcome this ecological catastrophe that is slowly destroying Bulgarian nature and the Bulgarian people. We will not stop until those responsible for this ecocide are held accountable.

SUBMITTED BY:

Parliamentary Group of the “Velichie” Political Party