site.btaEuropean Commission Asks Bulgaria to Bring Its Rules in Line with EU Legislation on Proportionality Test

Within its regular package of infringement decisions published on Wednesday, the European Commission has sent a reasoned opinion to Bulgaria for not having correctly transposed EU rules on the proportionality test in the Proportionality Test Directive (Directive(EU) 2018/958). 

The Proportionality Test Directive requires that any new or amended national rules affecting professionals must be subject to a thorough analysis of proportionality before their adoption and supported with evidence. The Directive is one of the key tools for preventing unjustified restrictive national rules. Prevention has proved more effective than potential remedial action. This, however, requires full and correct implementation by Member States.

Bulgaria now has two months to correctly transpose the Directive. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.