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European Observer on fundamental right's respect

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Case Law C-216/14 (15/10/2015)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/15/2015

Subject: The Court affirmed that Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings does not preclude national legislation which, in criminal proceedings, does not permit the individual against whom a penalty order has been made to lodge an objection in writing against that order in a language other than that of the proceedings, even though that individual does not have a command of the language of the proceedings, provided that the competent authorities do not consider that, in the light of the proceedings concerned and the circumstances of the case, such an objection constitutes an essential document. Moreover, the Court affirmed that Directive 2012/13/EU on the right to information in criminal proceedings does not preclude legislation of a Member State which, in criminal proceedings, makes it mandatory for an accused person not residing in that Member State to appoint a person authorised to accept service of a penalty order concerning him, provided that that accused person does in fact have the benefit of the whole of the prescribed period for lodging an objection against that order

Parties: Covaci

Classification: Justice - Art. 47 Justice: remedy

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