Request for a preliminary ruling from the Rayonen sad Lukovit (Bulgaria) lodged on 23 September 2020 – Criminal proceedings against AZ

(Case C-454/20)

Language of the case: Bulgarian

Referring court

Rayonen sad Lukovit

Accused person

AZ

Questions referred

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?

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?

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?

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?

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