VIOLATIONS OF THE RIGHTS OF EUROPEAN CITIZENS IN THE ACTIVITY OF JUDICIAL BODIES. ECHR RECENT INSIGHT
VIOLATIONS OF THE RIGHTS OF EUROPEAN CITIZENS IN THE ACTIVITY OF JUDICIAL BODIES. ECHR RECENT INSIGHT
Author(s): Angela Tatu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: European citizens' rights; violations; ECHR; The Charter of Fundamental Rights of the European Union;
Summary/Abstract: Knowing the provisions of the Charter of Fundamental Rights of the European Union also means knowing the rights of European citizens. These rights include: the legality of the criminalization of crimes and punishments, the right to a fair trial and the right to an effective appeal, the presumption of innocence, the right to defense, the proportionality of punishments in criminal matters in relation to the crimes committed, the right not to be tried or convicted a second time for the same act - ne bis in idem. In addition, we must also know the cases in which these rights can be violated, in order to signal possible abuses by various institutions against European citizens. Only by invoking them through the procedural means left at our disposal, of every European citizen, can we on the one hand defend ourselves, and on the other hand all those who are the authors of these abuses be sanctioned. This article aims, in addition to the previously revealed aspects, to show the reader concrete situations in which the main rights recognized to European citizens were violated by the judicial bodies in the activity of criminal prosecution or trial, by showing concrete examples of violations and the way to repair the damages caused. The goal is, beyond pointing them out, to teach future law practitioners not to "fall into the same sin", also violating the international provisions that enshrine these rights. ECHR practice was taken into account.
- Page Range: 354-366
- Page Count: 13
- Publication Year: 2022
- Language: English
- Content File-PDF