The European Commission has decided to refer Bulgaria to the Court of Justice of the European Union for its failure to properly implement several EU directives. The first case involves Directive 2013/48/EU, which concerns the right of access to a lawyer and the right to communicate upon detention. In January 2017, the Commission initiated infringement proceedings against Bulgaria, citing incomplete transposition of the directive. The case was initially closed in October 2023, but further issues were identified, including gaps in the scope of rights, measures for effective legal representation during questioning, and rules on exceptions to the right to a lawyer. Following a letter of formal notice in March 2024 and a reasoned opinion in October 2024, the Commission concluded that Bulgaria has still not met its obligations, leading to the referral to the Court.

A second case relates to Directive (EU) 2022/362, which sets rules for charging vehicles for the use of certain infrastructures. Bulgaria missed the March 25, 2024, deadline for notifying transposition measures, prompting the Commission to issue a letter of formal notice in May 2024 and a reasoned opinion in December 2024. To date, Bulgaria has not notified the Commission of any measures taken, resulting in the case being referred to the Court of Justice, with the Commission seeking financial penalties.

Additionally, the Commission is pressing Bulgaria to comply with the Digital Services Act (Regulation (EU) 2022/2065). The country has yet to designate a national Digital Services Coordinator or establish rules on penalties for violations, as required by the regulation. With the deadline having passed on February 17, 2024, the Commission has issued a reasoned opinion giving Bulgaria two months to address the deficiencies before further legal action is considered.

The Commission has also issued several reasoned opinions and formal notices to Bulgaria regarding the transposition of other directives. These include Directive 2023/959 on the EU Emissions Trading Scheme (ETS), with a transposition deadline of December 31, 2023, and Directive 2023/958, which applies ETS rules to the aviation sector. Bulgaria is also lagging in implementing amendments to the 5th Capital Requirements Directive (Directive 2013/36/EU) and the Whistleblower Directive (Directive (EU) 2019/1937), introduced by the CRR Regulation (Regulation (EU) 2023/1114).

Additionally, the NIS Directive 2 (Directive (EU) 2022/2555), aimed at ensuring a high level of cybersecurity across the EU, was to be transposed by October 17, 2024. Bulgaria’s continued non-compliance with these directives could result in further legal action and potential financial penalties from the European Commission.