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European Observer on fundamental right's respect

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Case Law C-704/18 (12/02/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/12/2020

Subject: According to the Court, Article¬†267 TFEU does not preclude a provision of national procedural law which obliges the referring court in the case giving rise to that judgment to comply with an injunction, imposed on it by a higher court, to refer the case back to the prosecutor, after the termination of the trial phase of the criminal proceedings, for procedural irregularities committed during the pre-trial phase of those proceedings to be remedied, to the extent that those provisions of EU law are respected in the context of the pre-trial phase of the criminal proceedings or in that of the subsequent trial phase thereof

Parties: Kolev e a.

Classification: Justice - Art. 48 Rights of defence

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