Turning Labels – A sound interpretation of the right to be informed in criminal proceedings that still holds some drawbacks: BK (Case C-175/22)

The preliminary ruling requested by the Bulgarian Specialised Criminal Court to the Court of Justice in BK (C-175/22) revolves around two fundamental questions. First, can a criminal court convict a defendant for a crime differently qualified from the one in the original charge without priorly informing that person? Second, if not, does requiring the court to inform the accused about reclassified charges before delivering the judgment conflict with judicial impartiality, the right against self-incrimination, and the presumption of innocence under Article 47(1) and Article 48(1) of the Charter? This Op-Ed argues that, although the ruling suitably enhances the right to information within the EU legal framework, it may have underestimated the potential risks that the Court’s line of reasoning may create vis-à-vis the principle of judicial impartiality and the presumption of innocence.