I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(2020/C 433/32)
Language of the case: Bulgarian
1.Does the principle of legality of criminal offences and penalties allow national legislation which provides for both administrative and criminal liability for the same act, namely driving a motor vehicle that is not duly registered, in the absence of any criteria enabling the objective assessment of the degree of danger to society?
2.Should the Court of Justice answer the first question in the negative, what powers does the national court have to ensure the effective application of the principles of EU law?
3.Does the procedural possibility for the court to acquit the person accused of committing a criminal offence and impose an administrative penalty on him or her constitute a sufficient safeguard against the arbitrary application of the law?
4.Is a penalty involving deprivation of liberty of up to a year proportionate for the purpose of Article 49(3) of the Charter of Fundamental Rights of the European Union as regards a criminal offence committed by driving a motor vehicle which is not duly registered?