Rule of law cases – Bulgaria

The Bulgarian legislature has decided to abolish the special criminal court to ensure proper administration of justice. The preliminary question concerns whether the change in law is in accordance with the EU. The Court considers that the dissolution took place without calling into question the individual independence of the members of that judicial body. The independence or impartiality of the referring court has also not been called into question, nor does the referring court in any way doubt its subjective impartiality. The Court declares the application inadmissible because it has not been established that an interpretation of the provisions of EU law laying down the requirements for the independence and impartiality of the courts and tribunals responsible for interpreting and applying EU law is necessary for the resolution of the main proceedings.