NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE court is obliged to notify the requested person of his/her right to a lawyer in the issuing member state, who shall assist the lawyer in Bulgaria through information and advice. If the person states that he/she wishes to exercise this right, the court immediately notifies the competent authority of the issuing member state.4 When the hearing about the EAW itself takes place, the court (sitting in a three persons’ panel) again appoints to the requested person a lawyer (public defender), if he/she does not have one, and an interpreter, if he/she does not speak Bulgarian, explains to him/her the right to consent to surrender to the issuing member state, as well as to refuse to apply the principle of particularity and the consequences of these actions. 5 In the court hearing, the court hears the prosecutor, the requested person and his/her lawyer. The court discusses whether the conditions for surrender are at place and whether there are grounds for refusal, postponing the execution or conditional execution of the order.6 The procedure for consent to surrender is provided for in Art. 45 which refers to Art. 19 in the law. It states that the court asks the person for consent and if the person expresses consent the court asks the person whether the consent is voluntary and whether the person understands the consequences. After the court makes sure that the consent is voluntary, this is reflected in the protocol which is signed by the requested person and his/her lawyer. The person may withdraw the consent within 3 days after the hearing.7 The surrender of the requested person shall be carried out no later than 10 days from the entry into force of the court decision for the execution of the European Arrest Warrant.8 When due to reasons independent of the member states, the surrender of the person within this term has not been carried out, the Supreme Cassation Prosecution Office, the National Central Bureau “Interpol” and the issuing authority shall immediately arrange a new date for surrender. In this case, the transfer is made no later than 10 days from the new date. The surrender may be temporarily postponed by the district court if there is a reasonable assumption that it will endanger the life or health of the requested person. The European Arrest Warrant shall be executed immediately once this presumption has been removed. The Supreme Cassation Prosecution Office and the issuing authority immediately arrange a new date for surrender. In this case, the transfer takes place within 10 days of the new date.9 If the person is not handed over after the expiration of these terms, he/she should is released. Bulgaria, Extradition and European Arrest Warrant Act, Art. 43, para. 5. Bulgaria, Extradition and European Arrest Warrant Act, Art. 44, para. 3. 6 Bulgaria, Extradition and European Arrest Warrant Act, Art. 44, para. 6. 7 Bulgaria, Extradition and European Arrest Warrant Act, Art. 45, para. 3. 8 Bulgaria, Extradition and European Arrest Warrant Act, Art. 54. 9 Bulgaria, Extradition and European Arrest Warrant Act, Art. 54, para. 3. 4 5 12 SLAVKA KUKOVA