EU Sues Bulgaria: Three Lawsuits Filed for Breach of European Regulations

On Thursday, the European Commission filed three lawsuits against Bulgaria at the EU Court of Justice for failing to apply European legislation properly. Two cases concern non-compliance with European requirements, and one involves incorrect application.

These cases represent the latest stage in longstanding proceedings against Bulgaria for not fulfilling its obligation to integrate EU legal norms into its national legislation.

Rights of Suspects

The dispute over the rights of suspects in criminal cases has been ongoing for three years. Sofia and Brussels have been at odds regarding the European directive on information in criminal proceedings. The Commission argues that individuals suspected of crimes, but not yet formally charged, should have the same rights to information as those who are accused. The lack of such provisions in Bulgarian legislation could significantly impact the fairness of judicial processes, according to the European Commission. Despite Bulgaria taking initial steps to address these issues, the measures are deemed insufficient. Bulgaria was supposed to implement this directive in 2014.

The EU has established common minimum standards for accused persons and suspects, ensuring that judgments in one country are recognized in others. These standards are outlined in six directives covering the right to interpretation and translation, information, access to a lawyer, legal aid, procedural guarantees for children, and the presumption of innocence.

Rights of the Disabled

Bulgaria also faces a lawsuit for not incorporating the European Accessibility Act of 2019 into its national legislation. This act requires key products and services, such as telephones, computers, e-books, banking services, and electronic communications, to be accessible to people with disabilities. Although the Bulgarian government promised to introduce a draft law to implement this directive by December 2023, it has yet to do so.

Temporary Social Services

Another lawsuit concerns the Bulgarian Social Services Act, which limits the provision of temporary social services to six months per year. This restriction forces companies from other European countries to establish branches in Bulgaria if they wish to offer services beyond this period, which the European Commission views as a "very serious limitation." According to the Services Directive and the Lisbon Treaty, member states cannot impose such time limits on service provision or require economic operators to set up a local presence.

The European Commission has been disputing this issue with Bulgarian authorities since July 2019. A year later, Bulgaria acknowledged the violation and promised to amend the law, but no action has been taken in the subsequent four years.

Carbon Quotas

Additionally, the European Commission has opened a new infringement procedure against Bulgaria for failing to implement the 2023 changes to the carbon market directive. These changes included additional economic sectors in CO2 emissions trading and provisions for a new Social Climate Fund to support vulnerable groups affected by energy or transport poverty, set to become operational in 2026.

Furthermore, Bulgaria has failed to meet its commitment to prepare for the reuse and recycling of household waste, such as paper, metal, plastic, and glass, by 2020.

The Commission has also advanced the criminal procedure related to the Proportionality Test Directive, accusing Bulgaria of not ensuring in its legislation that all legislative initiatives are assessed to avoid disrupting access to or exercise of regulated professions in the EU.