European Commission takes Bulgaria to ECJ over tolls, access to lawyers
The European Commission said on May 7 that it has decided to refer Bulgaria to the EU Court of Justice (ECJ) in two ongoing infringement proceedings as part of its latest infringements package.
In the first case, the EC said that Bulgaria failed to correctly transpose into its national legislation the Directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU).
Bulgaria was also one of three countries that the Commission referred to the ECJ for failing to transpose EU rules on tolls and vignettes levied for road infrastructure use, outlined in Directive (EU) 2022/362.
This takes the number of ECJ referrals of infringement cases against Bulgaria to three this year, following six other cases referred to the court last year and seven more referred to the ECJ in 2023.
As part of its May infringements package, the Commission sent a reasoned opinion in three existing cases, the second stage in infringement proceedings, concerning Bulgaria’s failure to fully transpose Directive 2023/958 on emissions trading, the lack of notification regarding the transposition of Directive (EU) 2022/2555 on cybersecurity, as well as failing to “empower a national Digital Services Coordinator” under the Digital Services Act (Regulation (EU) 2022/2065).
The EC also opened a new infringement proceeding by sending a letter of formal notice for Bulgaria’s failure to transpose the amendments to the 5th Capital Requirements Directive (Directive 2013/36/EU) and to the Whistleblower Directive (Directive (EU) 2019/1937).
Bulgaria now two months to address the concerns raised by the EC or the Commission may decide to escalate the proceedings with a reasoned opinion.
(Entrance to the Berlaymont building, headquarters of the European Commission. Photo: EU Audiovisual Service)
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