site.btaEuropean Commission Advances Infringement Procedure against Bulgaria over Transposition of EU Legal Aid Rules

The European Commission said on Wednesday that it is advancing infringement procedures against Bulgaria and Poland and opening a procedure against Portugal over the incomplete transposition of EU rules on legal aid.

The Commission said the three countries have failed to correctly implement EU provisions concerning legal aid for suspects and accused persons in criminal proceedings. EU law safeguards the fundamental rights of suspects and accused persons, including individuals sought under a European arrest warrant.

According to the Commission, in Bulgaria and Poland access to legal aid is granted only to persons who have been formally charged with a criminal offence and not to suspects. This is contrary to the scope of Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings.

The Commission launched the procedure against Bulgaria in November 2025 and is now taking the next step by issuing a reasoned opinion. Bulgaria and Poland have two months to respond and address the shortcomings identified by the Commission.

If no satisfactory response is received, the Commission may decide to refer Bulgaria and Poland to the Court of Justice of the European Union, the statement added.

The Commission noted that EU rules require Member States to ensure access to legal aid for suspects and accused persons in order to protect their right to a fair trial and other procedural rights in criminal proceedings. In its assessment, Bulgaria has not fully aligned its legislation with the directive because legal aid is available only after a person has been formally charged, rather than from the stage when an individual is a suspect.