Request for a preliminary ruling from the Apelativen sad – Sofia (Bulgaria) lodged on 15 November 2020 – Criminal proceedings against VD

(Case C-654/20)

Language of the case: Bulgarian

Referring court

Apelativen sad – Sofia

Party to the main proceedings

VD

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 while subject to a coercive administrative measure in the form of a driving licence suspension, in the absence of any criteria allowing for an objective distinction to be made between the two types of liability?

Should the Court of Justice of the European Union 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?

Is a penalty involving deprivation of liberty of up to three years and the imposition of a fine of 200 to 1 000 Bulgarian leva (BGN) proportionate for the purpose of Article 49(3) of the Charter of Fundamental Rights of the European Union as regards the criminal offence of driving a motor vehicle while subject to a coercive administrative measure in the form of a driving licence suspension?

____________