EC calls on Bulgaria to apply the rules for presumption of innocence

The European Commission has called on Bulgaria, Croatia, Cyprus and Romania to fully implement the rules of the EU directive on strengthening the presumption of innocence and the right of the accused to be present at the trial. This directive is one of the key elements of the EU legal framework on common minimum standards for a fair trial, ensuring that the rights of suspects and accused persons are adequately protected.

The European Commission considers that the measures taken by Bulgaria, Croatia, Cyprus and Romania are only a partial implementation of the Directive and that some provisions are missing. The Commission has identified shortcomings with regard to public references to guilt, for example when public authorities refer to a person as being guilty in public statements and the existence of appropriate measures, if this happens.

There are also gaps related to the way in which suspects and accused persons can be represented, for example in court, using physical detention measures and related to the right to be present at the trial.

In May 2018, the EC sent official notification letters to the four countries. The commission today continues with the infringement proceedings and gives a period of two months to respond. The communication states that the matter may later be referred to the Court of Justice of the European Union.