The European Commission has once again urged Bulgaria to fully comply with the EU Directive on the right to information in criminal proceedings. The Commission issued a further reasoned opinion, stressing that Bulgaria has not correctly transposed Directive 2012/13/EU, which guarantees that suspects, accused persons, and individuals subject to a European arrest warrant are properly informed of their rights.

This latest action follows a formal notice sent in September 2021 and a reasoned opinion in September 2023. The Commission maintains that Bulgarian legislation does not adequately cover individuals who are de facto suspected of committing a crime but have not yet been formally recognized as accused. This gap means that these individuals are deprived of certain rights outlined in the Directive, potentially affecting the fairness of their legal proceedings.

Although Bulgaria has introduced some measures to address specific issues, such as access to case files, the Commission finds these steps insufficient to ensure full compliance with the Directive. The core issue remains the failure to extend the right to information to individuals suspected of a crime before formal charges are brought against them.

The case was initially set to be referred to the Court of Justice of the European Union on July 15, 2024. However, due to the case’s complexity and additional information provided by Bulgaria, the Commission opted instead to issue an additional reasoned opinion. Bulgaria now has two months to respond and implement the necessary changes. If it fails to do so, the Commission may proceed with legal action before the EU Court of Justice.