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Case Law C-483/09; C-1/10 (11/05/2011)

Type: Opinions of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/11/2011

Subject: According to Advocate General the question whether a victim of domestic violence must be able to choose to resume cohabitation immediately with her attacker does not fall within the scope of European Union law. Framework decision 2001/220 does not govern in a general manner all the aspect of the protection of victims, but those relating to procedural guarantees in criminal proceedings and the form and duration of penalties that the Member States may provide for in domestic violence cases is not covered by procedural guarantees. However the victim’s right to be heard recognized by the framework decision, requires that Member States to give her the opportunity to express her opinion as to the imposition of an order to stay away.

Parties: Magatte Gueye e Valentín Salmerón Sánchez

Classification: Freedoms - Art. 7 Privacy - General provisions - Art. 51 Scope

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Notices: Effectiveness of the Charter
According to Advocate General the framework decision must to be interpreted taking into account the fundamental rights, as provided in the Charter. However the Charter is not applicable because the specific case is not covered by the EU law. Consequently the conformity of the domestic sanctions with fundamental rights could be examined by Constitutional Court or by European Court of human rights.