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The EC has launched infringement proceedings against Latvia for non-timely transposition of four directives

The European Commission (EC) has initiated infringement proceedings against Latvia for timely non-adoption of four directives, the EC Representation told the Press Office.

Infringement proceedings have been initiated against Latvia because the country has not correctly transposed the European Union (EU) rules on the right to interpretation and translation in criminal proceedings. The directive guarantees that persons against whom criminal proceedings are instituted in the EU are offered free interpretation and translation into a language they understand. It is a fundamental procedural right that protects the right to a fair trial. The Directive is part of the EU’s legal framework for a fair trial, which provides adequate protection for the rights of suspects and accused persons.

Infringement proceedings have also been initiated against Belgium, Portugal and Sweden in connection with the implementation of this Directive.

Infringement proceedings against the state also triggered non-compliance with EU rules on the right to information in criminal proceedings. The Directive guarantees that persons who are the subject of criminal proceedings in the EU are immediately informed of their rights in criminal proceedings, including charges, the right to a lawyer or free legal advice. The Directive is part of the EU’s legal framework for a fair trial, which provides adequate protection for the rights of suspects and accused persons.

The EC considers that some of the transposition measures notified by four Member States do not properly transpose the Directive on the right to information in criminal proceedings and do not sufficiently implement the requirements of the Directive.

In this context, infringement proceedings have also been initiated against Bulgaria, Ireland and Portugal.

Infringement proceedings have also been initiated against Latvia for the adoption of national radioactive waste management programs, which do not fully comply with the requirements of the Spent Fuel and Radioactive Waste Directives. Radioactive waste is generated not only by the generation of electricity in nuclear power plants, but also by the other uses of radioactive materials for medical, research, industrial and agricultural purposes. This means that radioactive waste is generated by all Member States. In order to guarantee a high level of safety and to avoid imposing undue burdens on future generations, the Directive establishes a Community framework for the responsible and safe management of spent fuel and radioactive waste.

It requires Germany, against which infringement proceedings have also been initiated, and Latvia to develop and implement national programs for the management of all spent fuel and radioactive waste generated on their territory, from generation to disposal. It aims to protect workers and the general public against the dangers arising from ionizing radiation. It was established that the national programs notified by Latvia did not comply with some of the requirements of the Directive, therefore two months were given to eliminate the shortcomings identified by the EC. If the EC does not receive a satisfactory answer, it may decide to refer the matter to the Court of Justice.

Infringement proceedings have also been initiated against Latvia for failing to notify the EC of the full transposition of the European Electronic Communications Code. The new rules modernize the European regulatory framework for electronic communications by expanding consumer choice and rights and providing incentives for operators to invest in very high-performance networks and fiber and 5G deployments.-

Infringement proceedings have also been launched in this area against countries such as Estonia, Spain, Croatia, Ireland, Italy, Cyprus, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania and Slovenia.

Member States had to transpose these provisions into national law by 21 December 2020. In February 2021, the EC sent letters to 24 Member States stating that they had not notified full transposition. The EC is now taking the next step in the infringement procedure by sending a reasoned opinion to 18 Member States that have not yet notified full transposition. The countries concerned must reply to the EC within two months, otherwise the EC may refer the matter to the European Court of Justice.

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