site.btaEC Opens Infringement Procedure against Bulgaria over Failure to Transpose EU Rules on Legal Aid in Criminal Proceedings

The European Commission (EC) Friday announced that it had decided to open infringement procedures by sending letters of formal notice to Bulgaria and Hungary for failing to correctly transpose the Directive on legal aid in criminal proceedings. 

The Directive aims to create common minimum standards to ensure that the rights of suspects and accused persons are sufficiently protected across the European Union. Specifically, it establishes a right to legal aid in criminal proceedings for suspects, accused individuals, and requested persons in European arrest warrant proceedings, ensuring they have access to financial support for legal assistance, the Commission said in a press release.

The EC found that in both Member States, not all persons covered by the Directive have access to legal aid. Regarding Hungary, the Commission identified further issues, as the granting of legal aid depends on a request by the individual. Additionally, while Hungary applies a system of mandatory defence, this system does not cover all scenarios set out by the Directive, and it does not ensure that legal aid is granted without undue delay. The Commission is therefore sending letters of formal notice to Bulgaria and Hungary, which now have two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion, the press release adds.