site.btaEuropean Commission Calls on Bulgaria to Transpose EU Rules on Criminal Proceedings, Public Procurement

The European Commission on Wednesday released data on four infringement procedures it is pursuing against Bulgaria. 

Presumption of Innocence

The European Commission decided to send an additional letter of formal notice to Bulgaria for failing to correctly transpose Directive 2016/343/EU on the strengthening of the presumption of innocence and the right to be present at the trial in criminal proceedings. The Commission considers that certain national transposition measures notified by the Member State fall short of the requirements of the Directive. The Commission sent a first letter of formal notice to Bulgaria in September 2023, but found additional issues in the Bulgarian transposition of the provisions concerning trials in absentia and the right to a new trial. Bulgaria now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

European Arrest Warrant

The European Commission decided to send an additional letter of formal notice to Bulgaria for failing to comply with Council Framework Decision 2002/584/JHA on the European Arrest Warrant and the surrender procedures between Member States. Bulgaria has addressed previous grievances but, through other amendments, has now failed to correctly transpose the provisions related to maintaining the requested person in detention. The Member State now has two months to respond and take the necessary measures to address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion to Bulgaria.

Public Procurement

The European Commission decided to issue a reasoned opinion concerning Bulgaria for failing to comply with the EU rules covering public contracts and concession contracts (Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU) that had to be transposed by Member States into domestic law by April 18, 2016. The Commission is addressing Bulgaria over the exclusion of private hospitals from EU public procurement rules even when they are partly financed through public funds. Bulgaria now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response the Commission may decide to refer Bulgaria to the Court of Justice of the European Union.

Trans-European Transport Network

The European Commission decided to send a reasoned opinion to Bulgaria, calling on it to transpose into national laws Directive (EU) 2021/1187 on streamlining measures for advancing the realisation of the trans-European transport network. The deadline to transpose the Directive into national law was August 10, 2023. The Commission sent a letters of formal notice to the Member State in September 2023 as it failed to notify national transposing laws. Having examined the reply from the Member State, the Commission considers that it has still not transposed the Directive. Bulgaria now has two months to take the necessary measures and notify the Commission. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.