Bulgaria is threatened with a court under criminal procedure for public procurement

The European Commission has announced that Bulgaria may be referred to the Court of Justice of the EU for two criminal proceedings related to public procurement rules and the construction of the Trans-European Transport Network. The commission presented data on a total of four criminal proceedings against our country, BTA informed.

Presumption of innocence

The EC continues the infringement procedure against Bulgaria and opens such procedure against Spain and Poland for the incorrect implementation of the rules on the presumption of innocence and the right of a defendant to attend court hearings in a criminal case against him. The rules provide common minimum standards for the fair trial of suspects and accused persons in the EU. According to the commission, some national measures in the mentioned three countries do not meet the requirements. The commission specifies that it sent the first letter to Bulgaria on this occasion in September last year, but discovered additional problems with absentee trials and the right to a new trial. The EC gives a deadline of two months for an answer and clarifies that it can continue after that with the actions on the procedures.

European Arrest Warrants

The EC sends an additional letter to Bulgaria and opinions to Belgium, the Netherlands, Poland and Finland for non-compliance with the rules for the European Arrest Warrant and the procedures for handing over detainees to the country that issued the warrant. Bulgaria failed to properly introduce the provisions related to the detention of wanted persons, the commission clarifies. The EC gives two months for an answer, and then it can continue the procedure against our country and file a case in the EU Court against Belgium, the Netherlands, Poland and Finland.

Procurement

The Commission is taking proceedings against our country, Romania and Spain for non-implementation of EU legislation on public procurement. Rules in this area and for concession contracts had to be introduced into national laws by 18 April 2016 so that countries follow fair and transparent procedures. These rules aim to open up the market to genuine competition between EU companies and ensure the best value for society. For Bulgaria, the procedure is related to the exclusion of private hospitals from the rules for public procurement, even when they are partially financed from the budget, the announcement notes. The named parties have two months to respond and remedy the deficiencies. It is specified that otherwise our country and Spain may be handed over to the EU Court.

Trans-European transport network

The Commission continues the procedure against Bulgaria, Estonia, Ireland, Croatia, Slovenia and Slovakia and calls on them to improve progress on the construction of the trans-European transport network TEN-T. The rules in this area provide for the smooth completion of key €300 million projects with clearer permitting and procurement procedures. The deadline for implementing the rules was August 10 last year. The affected countries have two months to respond, otherwise the case may be referred to the Court of Justice of the EU, the announcement states.