The purpose of proposed comment is to examine the implications of the ECJ’s ruling in Case C-569/20 (IR) in light of the relevant case-law from the European Court of Human Rights. In a nutshell, the judgment addressed a preliminary ruling referred by a Bulgarian court regarding Articles 8 and 9 of Directive 2016/343/EU, specifically focusing on the possibility of conducting criminal proceedings in absentia against an individual who has absconded during preliminary investigations. This marked the first time the ECJ had delivered a ruling in this area. After having summarised the valuable Opinion of the Advocate General and the highlights of the decision, the analysis will be developed depicting a comparative and updated overview of the issues at stake – first of all, the balance between the right to defence and the necessity to ensure the effectiveness of the criminal justice system. Particular emphasis will be placed on the need for consistency among the common standards stemming from EU law and the ECHR, making the judicial dialogue between national and European courts a crucial aspect of the judgment under consideration.
Fostering in absentia proceedings when the individual absconds: Criminal proceedings against IR
Lorenzo Bernardini
2023
Abstract
The purpose of proposed comment is to examine the implications of the ECJ’s ruling in Case C-569/20 (IR) in light of the relevant case-law from the European Court of Human Rights. In a nutshell, the judgment addressed a preliminary ruling referred by a Bulgarian court regarding Articles 8 and 9 of Directive 2016/343/EU, specifically focusing on the possibility of conducting criminal proceedings in absentia against an individual who has absconded during preliminary investigations. This marked the first time the ECJ had delivered a ruling in this area. After having summarised the valuable Opinion of the Advocate General and the highlights of the decision, the analysis will be developed depicting a comparative and updated overview of the issues at stake – first of all, the balance between the right to defence and the necessity to ensure the effectiveness of the criminal justice system. Particular emphasis will be placed on the need for consistency among the common standards stemming from EU law and the ECHR, making the judicial dialogue between national and European courts a crucial aspect of the judgment under consideration.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
