Today, the European Commission decided to refer Bulgaria to the Court of Justice of the European Union for not correctly implementing the directive on the right to access a lawyer and to communicate upon arrest (Directive 2013/48/EU).
In January 2017, the Commission launched infringement proceedings against Bulgaria for incomplete transposition of the directive. Following Bulgarias replies, the case was closed in October 2023. It involved notifications of transposing measures and their completeness, initially assessed by the Commission. Further issues were identified regarding the correct transposition. The Commission concluded that Bulgaria has incorrectly transposed the scope of the rights under the directive. Furthermore, Bulgaria has incorrectly transposed measures on the effective participation of a lawyer during an interrogation. Also, Bulgaria failed to correctly transpose the rules concerning derogations from the right to a lawyer in the interest of an investigation.
Therefore, the Commission sent a formal notice to Bulgaria in March 2024. In response, Bulgaria sufficiently addressed some concerns, particularly regarding information provided to the responsible adult when a child is deprived of liberty. The Commission then issued a reasoned opinion in October 2024 urging Bulgaria to address the remaining grievances. After analyzing the responses, the Commission considers that Bulgaria still falls short of the directives requirements. Consequently, the Commission has decided to refer Bulgaria to the Court of Justice of the European Union.
Background
The directive on the right of access to a lawyer and to communicate upon arrest is one of the six directives that make up the EUs legal framework on common minimum standards for fair trials, ensuring that the rights of suspects and accused persons are adequately protected. It strengthens Member States trust in each others criminal justice systems and thus facilitates mutual recognition of decisions in criminal matters.
For More Information
Infringement decisions database
Infringement procedure Bulgaria (INFR(2024)2003)