Fair Trial, Due Process and Rights of Defence in the EU Legal Order

Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 8)

Abstract

The Chapter analyses the relation between Art. 47 of the Charter of Fundamental Rights of the European Union and the procedure before the Court of Justice of the European Union. The author critically examines the relevant normative and jurisprudential framework with a particular focus on fair trial and due process issues. The degree of compatibility with the relevant case law of the Strasbourg Court is assessed considering the Bosphorus precedent. Some final remarks pinpoint the added value of the Lisbon treaty in terms of procedural guarantees and judicial protection.

Keywords

National Court Advocate General Fair Trial Lisbon Treaty Fair Hearing 
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Copyright information

© Springer Science+Business Media B.V. 2011

Authors and Affiliations

  1. 1.Faculty of Political Science, Forlì CampusUniversity of BolognaBolognaItaly

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