Judgment_paragraph 31 · Criminal proceedings against Petar Dzivev and Others (C-310/16)

31In that context, it is primarily for the national legislature to take the necessary measures. It is for the national legislature, where required, to amend the legislation and to ensure that the procedural rules applicable to the prosecutions of offences affecting the financial interests of the European Union are not designed in such a way that there arises, for reasons inherent in those rules, a systemic risk that acts that may be categorised as such offences may go unpunished, and also to ensure that the fundamental rights of accused persons are protected (judgment of 5 June 2018, Kolev and Others, C‑612/15, EU:C:2018:392, paragraph 65).