The European Commission (EC) announced on Monday that it has decided to take Bulgaria to the EU Court of Justice for failing to properly incorporate the proportionality test directive into its national legislation. This directive requires EU member states to thoroughly evaluate whether any new professional regulations are proportionate before adopting them. Bulgaria missed the July 30, 2020 deadline for implementing the directive, prompting action from the EC as part of its December infringement package.
In October 2023, the EC issued a reasoned opinion to Bulgaria, urging compliance. However, the Bulgarian authorities’ response was deemed insufficient, leading the Commission to send an additional opinion in July 2024. Despite these warnings, the EC concluded that the country’s efforts to align with the directive remain inadequate.
The EC criticized Bulgaria for not conducting prior proportionality assessments for parliamentary amendments. Moreover, Bulgaria lacks a mechanism to guarantee the independence and objectivity of assessments conducted by professional organizations, raising concerns over transparency and fairness in the process.
The proportionality test directive aims to avoid unnecessary restrictions on professions, promoting balanced regulation. It requires states to evaluate whether new or amended rules align with the principle of proportionality and to account for factors such as technological advancements. Bulgaria’s failure to comply undermines these objectives, according to the EC.
This directive also emphasizes continuous monitoring and review of professional regulations across member states. Bulgaria’s non-compliance risks setting a precedent for inconsistent application of EU rules, prompting the EC to escalate the issue to the EU Court of Justice.
