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EU urges Bulgaria to follow fair trial rights, arrest warrant rules

Apr 24, 2024, 4:26:55 PMArticle by Mihaela Miteva
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April 24 (SeeNews) - The European Commission has formally asked Bulgaria again to correctly implement EU rules on the presumption of innocence and the right to be present at trial, as well as to comply with cross-border judicial procedures on European Arrest Warrants, it said on Wednesday.

EU urges Bulgaria to follow fair trial rights, arrest warrant rules
Photographer: Bogdan Hoyaux. Source: EC - Audiovisual Service.

Additionally, the EU executive arm has escalated two existing infringement cases against Bulgaria, related to directives on public procurement legislation and facilitating the completion of the trans-European transport network, the Commission said in its April infringement package.

Last September, the Commission sent a first letter of formal notice to Bulgaria regarding the directive on strengthening the presumption of innocence and the right to be present at the trial in criminal proceedings. However, it found additional issues in Bulgaria's implementation of provisions concerning trials in absentia and the right to a new trial.

The directive is one of six adopted by the EU to establish common minimum standards to safeguard the fair trial rights of suspects and accused individuals in criminal proceedings across the EU.

In the second case, related to the framework decision on the European Arrest Warrant and surrender procedures between member states, the Commission said Bulgaria addressed previous concerns but, through other amendments, has now failed to correctly transpose requirements related to maintaining the requested person in detention.

The European arrest warrant (EAW), operational since 2004, is a simplified cross-border judicial procedure for surrendering individuals for prosecution or execution of custodial sentences or detention orders.

The country has two months to correctly implement the four directives.

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