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European Observer on fundamental right's respect

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Case Law C-612/15 (05/06/2018)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/05/2018

Subject: The Court affirmed that Article 325(1) TFEU precludes national legislation that establishes a procedure for the termination of criminal proceedings, in so far as that legislation is applicable in proceedings initiated with respect to cases of serious fraud or other serious illegal activities affecting the financial interests of the European Union in customs matters. It is for the national courts to give full effect to Article 325(1) TFEU, by disapplying that legislation, where necessary, while also ensuring respect for the fundamental rights of the persons accused. Moreover, the Court affirmed that Directive 2012/13/EU on the right to information in criminal proceedings does not preclude the disclosure of detailed information on the charges to the defence after the lodging before the court of the indictment that initiates the trial stage of proceedings, but before the court begins to examine the merits of the charges and before the commencement of any hearing of argument by the court, and after the commencement of that hearing but before the stage of deliberation, where the information thus disclosed is the subject of subsequent amendments, provided that all necessary measures are taken by the court in order to ensure respect for the rights of the defence and the fairness of the proceedings. Finally, the Court affirmed that Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty, does not preclude national legislation that requires a national court to dismiss the lawyer instructed by two accused persons, against their wishes, on the ground that there is a conflict of interest between those persons and, further, as not precluding the court from allowing those persons to instruct a new lawyer or, when necessary, itself naming two court-appointed lawyers, to replace the first lawyer

Parties: Kolev e a.

Classification: Citizens’ rights - Art. 42 Right to access documents of EU institutions - Justice - Art. 48 Rights of defence

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