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European Observer on fundamental right's respect

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Case Law C-234/17 (24/10/2018)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/24/2018

Subject: According to the Court, EU law, in particular the principles of equivalence and effectiveness, must be interpreted as meaning that a national court is not required to extend to infringements of EU law, in particular to infringements of the fundamental right guaranteed by Article¬†50 of the Charter of Fundamental Rights of the European Union and Article¬†54 of the Convention implementing the Schengen Agreement, a remedy under national law permitting, only in the event of infringement of the European Convention for the Protection of Human Rights and Fundamental Freedoms or one of the protocols thereto, the rehearing of criminal proceedings closed by a national decision having the force of res judicata

Parties: XC e a.

Classification: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

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