Ivo Hinov[1]
The judgment of 5 June 2018 of the Court in Kolev and Others (C‑612/15, EU:C:2018:392) gives to Bulgarian judiciary, according to the author, an opportunity to review its understanding and application of the concept of the “substantial breach of procedural rules” as well as to reconsider and modify its actual approach as to the effective and adequate way to remedy such a breach.
The existing mechanism, defined by the author as the “step back” – i.e. setting systematically aside the act and referring the case back to the previous stage of the procedure, could be replaced by a “step ahead” – i.e. engagement of the court to take all procedural measures to remedy the breach found and to put the accused person in the situation in which it would had been if the breach would never happen.
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Цялата статия на български език е достъпна на следния линк:
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[1] Judge at the Specialised Criminal Court