site.btaCommission Calls on Bulgaria to Correctly Transpose EU Rules on Right of Access to Information in Criminal Proceedings

The European Commission Wednesday decided to send an additional reasoned opinion to Bulgaria  for failing to correctly transpose the Directive on the right to information in criminal proceedings, the Commission said in a press release.

This Directive aims to ensure that persons suspected of or accused in criminal proceedings or subject to a European Arrest Warrant are given adequate information about their rights. The Commission sent a letter of formal notice to Bulgaria in September 2021 and a reasoned opinion in September 2023, the press release said. It considers that the national transposition measures notified by Bulgaria fall short of the requirements of the Directive. Bulgarian law does not cover persons who are de facto suspected of having committed a criminal offence but who have not yet been officially recognized as accused persons.

As a result, in Bulgaria, persons who are only suspected and not yet officially accused of having committed a criminal offence do not enjoy the rights to which they are entitled under the Directive, which can impact the fairness of their trial. This issue interlinks with the incorrect transposition of substantive rights set out in the Directive, such as the right to information about rights, which Bulgarian law does not extend to de facto suspects. While Bulgaria has taken steps to address some of the identified grievances, such as concerning the right of access to the materials of the case, the additional measures adopted are not sufficient to ensure the correct transposition of these rights.

On July 15, 2024, the Commission decided to refer the case to the Court of Justice of the EU. Due to the complexity of the case and to respond to additional information from Bulgaria, it has been decided to issue an additional reasoned opinion to Bulgaria, the EU said.

Bulgaria now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union, the press release said.