NATIONAL LEGAL FRAMEWORK
CONCERNING THE APPLICATION OF
CROSS-BORDER INSTRUMENTS TO
PERSONS WITH INTELLECTUAL AND/
OR PSYCHOSOCIAL DISABILITIES IN
LAW AND IN PRACTICE
2.1 European Arrest Warrant
The present research has not found any national statistics concerning the
application of the FD about the EAW at all and when persons with IPD are
involved. All requested authorities stated that the requested information
requires legal analysis which they do not make. 2 The interviewees under
the present research were not aware of any such cases.
The FD is transposed in the Extradition and the European Arrest Warrant
Act, enforced on 4 July 2005 (the articles after Art. 35 which specifically
provide for the EAW procedures were enforced on 1 January 2007)3. According to Art. 38 the regional court at the place of residence of the person
is in charge to hear the proceeding and the central authority is the minister
of justice.
In case pre-trial detention of the person is required the court appoints
a lawyer and an interpreter/translator for the person, if he/she does not
speak Bulgarian, and informs him/her about the grounds for his/her detention, the content of the European Arrest Warrant, as well as about his/
her right to express consent to surrender to the competent authorities of
the issuing Member State and the consequences of this. The court hearing takes place within 7 days after the police detention of the person. The
2
Bulgaria, Reply to the written request under the Access to Public Information Act № 95-0053/22/28.04.2022 of the Ministry of Justice; Reply to the written request under the Access to Public Information Act № L-1698/21.04 2022-2 of the “Execution of Punishments” Directorate at the Ministry of
Justice; Reply to the written request under the Access to Public Information Act № 93-00-96/21.04.2022
of the Ministry of Healthcare; Reply to the written request under the Access to Public Information Act
№ 1086/29.04.2022 of the Supreme Prosecution Office.
3
Bulgaria, Extradition and European Arrest Warrant Act (Закон за екстрадицията и еврпейската
заповед за арест) (4.07.2005), available in Bulgarian at: https://www.lex.bg/laws/ldoc/2135504378
Bulgarian Helsinki Committee
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