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Carta dei diritti fondamentali dell’Unione europea

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Giustizia

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Articolo 47 - Diritto a un ricorso effettivo e a un giudice imparziale

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Articolo 47 - Diritto a un ricorso effettivo e a un giudice imparziale

Ogni persona i cui diritti e le cui libertà garantiti dal diritto dell'Unione siano stati violati ha diritto a un ricorso effettivo dinanzi a un giudice, nel rispetto delle condizioni previste nel presente articolo. Ogni persona ha diritto a che la sua causa sia esaminata equamente, pubblicamente ed entro un termine ragionevole da un giudice indipendente e imparziale, precostituito per legge. Ogni persona ha la facoltà di farsi consigliare, difendere e rappresentare. A coloro che non dispongono di mezzi sufficienti è concesso il patrocinio a spese dello Stato, qualora ciò sia necessario per assicurare un accesso effettivo alla giustizia.

CHARTERPEDIA RESOURCES

Spiegazioni

  • Text:

    Il primo comma si basa sull'articolo 13 della CEDU:

    `Ogni persona i cui diritti e le cui libertà riconosciuti nella presente Convenzione siano stati violati, ha diritto ad un ricorso effettivo davanti ad un’istanza nazionale, anche quando la violazione sia stata commessa da persone che agiscono nell’esercizio delle loro funzioni ufficiali.`.

    Tuttavia, nel diritto dell'Unione, la tutela è più estesa in quanto essa garantisce il diritto a un ricorso effettivo dinanzi a un giudice. La Corte di giustizia ha sancito questo diritto, nella sentenza del 15 maggio 1986, quale principio generale del diritto dell'Unione (causa 222/84, Johnston, Racc. 1986, pag. 1651; cfr. inoltre le sentenze del 15 ottobre 1987, causa 222/86, Heylens, Racc. 1987, pag. 4097 e del 3 dicembre 1992, causa C-97/91, Borelli, Racc. 1992, pag. I-6313). Secondo la Corte, tale principio generale del diritto dell'Unione si applica anche agli Stati membri quando essi applicano il diritto dell'Unione. L'inserimento di questa giurisprudenza nella Carta non era inteso a modificare il sistema di controllo giurisdizionale previsto dai trattati e, in particolare, le norme in materia di ricevibilità per i ricorsi diretti dinanzi alla Corte di giustizia dell’Unione europea. La Convenzione europea ha esaminato il sistema di controllo giurisdizionale dell’Unione, comprese le norme in materia di ricevibilità che ha confermato pur modificandole sotto taluni aspetti (cfr. articoli da 251 a 281 del trattato sul funzionamento dell'Unione europea, in particolare articolo 263, quarto comma). L'articolo 47 si applica nei confronti delle istituzioni dell'Unione e degli Stati membri allorché questi attuano il diritto dell'Unione e ciò vale per tutti i diritti garantiti dal diritto dell’Unione.

    Il secondo comma corrisponde all'articolo 6, paragrafo 1 della CEDU che recita:

    `Ogni persona ha diritto a che la sua causa sia esaminata equamente, pubblicamente ed entro un termine ragionevole da un tribunale indipendente e imparziale, costituito per legge, il quale sia chiamato a pronunciarsi sulle controversie sui suoi diritti e doveri di carattere civile o sulla fondatezza di ogni accusa penale formulata nei suoi confronti. La sentenza deve essere resa pubblicamente, ma l’accesso alla sala d'udienza può essere vietato alla stampa e al pubblico durante tutto o parte del processo nell’interesse della morale, dell’ordine pubblico o della sicurezza nazionale in una società democratica, quando lo esigono gli interessi dei minori o la protezione della vita privata delle parti in causa, o, nella misura giudicata strettamente necessaria dal tribunale, quando in circostanze speciali la pubblicità possa portare pregiudizio agli interessi della giustizia.`.

    Nel diritto dell'Unione il diritto a un giudice non si applica solo a controversie relative a diritti e obblighi di carattere civile. È una delle conseguenze del fatto che l'Unione è una comunità di diritto come la Corte ha constatato nella causa 294/83, Parti ecologiste `Les Verts` contro Parlamento europeo (sentenza del 23 aprile 1986, Racc. 1986, pag. 1339). Tuttavia, fatta eccezione per l'ambito di applicazione, le garanzie offerte dalla CEDU si applicano in modo analogo nell'Unione.

    Riguardo al terzo comma va rilevato che, in base alla giurisprudenza della Corte europea dei diritti dell'uomo, deve essere accordata un'assistenza legale allorché la mancanza di tale assistenza renderebbe inefficace la garanzia di ricorso effettivo (sentenza CEDH del 9.10.1979, Airey, Serie A, Volume 32, pag. 11). Esiste inoltre un sistema di assistenza legale dinanzi alla Corte di giustizia dell'Unione europea.

    Source:
    Gazzetta ufficiale dell'Unione europea C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Le presenti spiegazioni erano state elaborate, nella versione iniziale, sotto l'autorità del praesidium della Convenzione che aveva redatto la Carta dei diritti fondamentali dell’Unione europea e sono ora state aggiornate sotto la responsabilità del praesidium della Convenzione europea, sulla scorta degli adeguamenti redazionali che quest’ultima Convenzione ha apportato al testo della Carta (in particolare agli articoli 51 e 52) e dell’evoluzione del diritto dell’Unione. Benché non abbiano di per sé status di legge, esse rappresentano un prezioso strumento d’interpretazione destinato a chiarire le disposizioni della Carta.

Giurisprudenza

Diritto costituzionale nazionale

50 results found

  • Spain / Constitution of the Kingdom of Spain
    URL:
    Constitutión Española
    Paese:
    Spain

    Section 24 1. All persons have the right to obtain effective protection from the judges and the courts in the exercise of their rights and legitimate interests, and in no case may there be a lack of defense.2. Likewise, all have the right to the ordinary judge predetermined by law; to defense and assistance by a lawyer; to be informed of the charges brought against them; to a public trial without undue delays and with full guarantees; to the use of evidence appropriate to their defense; not to make self-incriminating statements; not to plead themselves guilty; and to be presumed innocent.The law shall specify the cases in which, for reasons of family relationship or professional secrecy, it shall not be compulsory to make statements regarding allegedly criminal offences.
    ...
    Section 54 An organic act shall regulate the institution of the Defender of the People (Defensor del Pueblo) as high commissioner of the Cortes Generales, appointed by them to defend the rights contained in this Part; for this purpose he or she may supervise the activity of the Administration and report thereon to the Cortes Generales.

    ...
    Section 117 1. Justice emanates from the people and is administered on behalf of the King by judges and magistrates members of the Judicial Power who shall be independent, shall have fixity of tenure, shall be accountable for their acts and subject only to the rule of law. 2. Judges and magistrates may only be dismissed, suspended, transferred or retired on the grounds and subject to the safeguards provided for by the law. 3. The exercise of judicial authority in any kind of action, both in ruling and having judgments executed, is vested exclusively in the courts and tribunals laid down by the law, in accordance with the rules of jurisdiction and procedure which may be established therein. 4. Judges and courts shall not exercise any powers other than those indicated in the foregoing subsection and those which are expressly allocated to them by law as a guarantee of any right.5. The principle of jurisdictional unity is the basis of the organization and operation of the courts. The law shall make provision for the exercise of military jurisdiction strictly within military framework and in cases of state of siege (martial law), in accordance with the principles of the Constitution. 6. Courts of exception are prohibited.
    ...
    Section 119 Justice shall be free when thus provided for by law, and shall in any case be so in respect of those who have insufficient means to sue in court.
    ...
    Section 120 1. Judicial proceedings shall be public, with the exceptions contemplated in the laws on procedure.2. Proceedings shall be predominantly oral, especially in criminal cases. 3. Judgments shall always specify the grounds therefore, and they shall be delivered in a public hearing.

  • Suomen perustuslaki
    URL:
    Suomen perustuslaki
    Paese:
    Finland

    21 § Oikeusturva Jokaisella on oikeus saada asiansa käsitellyksi asianmukaisesti ja ilman aiheetonta viivytystä lain mukaan toimivaltaisessa tuomioistuimessa tai muussa viranomaisessa sekä oikeus saada oikeuksiaan ja velvollisuuksiaan koskeva päätös tuomioistuimen tai muun riippumattoman lainkäyttöelimen käsiteltäväksi. Käsittelyn julkisuus sekä oikeus tulla kuulluksi, saada perusteltu päätös ja hakea muutosta samoin kuin muut oikeudenmukaisen oikeudenkäynnin ja hyvän hallinnon takeet turvataan lailla.

  • The Belgian Constitution
    URL:
    The Belgian Constitution
    Paese:
    Belgium

    Article 12.The freedom of the individual is guaranteed.No one can be prosecuted except in the cases provided for by the law, and in the form prescribed by the law.(...) Article 13.No one can be separated, against his will, from the judge that the law has assigned to him. Article 14.No punishment can be introduced or administered except by virtue of the law. Article 23.Everyone has the right to lead a life in keeping with human dignity.
    To this end, the laws, federate laws and rules referred to in Article 134 guarantee
    economic, social and cultural rights, taking into account corresponding obligations, and
    determine the conditions for exercising them:(...) 2° the right to social security, to health care and to social, medical and legal aid;(...) Article 144.Disputes about civil rights belong exclusively to the competence of the courts. However, the law can empower the Council of State or federal administrative courts, in accordance with the terms it specifies, to rule on the effects that their decisions have with respect to civil law. Article 145.Disputes about political rights belong to the competence of the courts, except for the exceptions established by the law. Article 146. A court and a body capable of rendering judgment can only be established by virtue of a law. No extraordinary courts or commissions may be created, no matter under which designation. Article 148. Court hearings are public, unless such public access endangers morals or the peace; if such is the case, the Court so declares in a judgment.In cases of political or press offences, proceedings can only be conducted in camera on the basis of a unanimous vote. Article 149.Each judgment is supported by reasons. It is pronounced publicly.

  • The Constitution of the Republic of Cyprus
    URL:
    The Constitution of the Republic of Cyprus
    Paese:
    Cyprus

    Article 30
    1. No person shall be denied access to the court assigned to him by or under this Constitution. The establishment of judicial committees or exceptional courts under any name whatsoever is prohibited.
    2. In the determination of his civil rights and obligations or of any criminal charge against him, every person is entitled to a fair and public hearing within a reasonable time by an independent, impartial and competent court established by law. Judgement shall be reasoned and pronounced in public session, but the press and the public may be excluded from all or any part of the trial upon a decision of the court where it is in the interest of the security of the Republic or the constitutional order or the public order or the public safety or the public morals or where the interests of juveniles or the protection of the private life of the parties so require or, in special circumstances where, in the opinion of the court, publicity would prejudice the interests of justice.
    3. Every person has the right -
    (a) to be informed of the reasons why he is required to appear before the court;
    (b) to present his case before the court and to have sufficient time necessary for its preparation;
    (c) to adduce or cause to be adduced his evidence and to examine witnesses according to law;
    (d) to have a lawyer of his own choice and to have free legal assistance where the interests of justice so require and as provided by law;
    (e) to have free assistance of an interpreter if he cannot understand or speak the language used in court.

  • The Constitutional Act of Denmark
    URL:
    The Constitutional Act of Denmark
    Paese:
    Denmark

    Section 61. The exercise of judicial authority shall be governed only by statute. Extraordinary courts of justice with judicial authority shall not be established.
    Section 62. The administration of justice shall always remain independent of administrative authority. Rules to this effect shall be laid down by statute.
    Section 63. Subsection 1. The courts of justice shall be empowered to decide any question relating to the scope of the executive’s authority; though any person wishing to question such authority shall not, by taking the case to the courts of justice, avoid temporary compliance with orders given by the executive authority. Subsection 2. Questions relating to the scope of the executive’s authority may by statute be referred for decision to one or more administrative courts, except that an appeal against the decision of the administrative courts shall be referred to the highest court of the Realm. Rules governing this procedure shall be laid down by statute.
    Section 64. In the performance of their duties, the judges shall be governed solely by the law. Judges shall not be dismissed except by judgement, nor shall they be transferred against their will, except in cases in which a rearrangement of the courts of justice is made. A judge who has completed his sixty-fifth year may, however, be retired, but without loss of income up to the time when he is due for retirement on account of age.
    Section 65. Subsection 1. In the administration of justice all proceedings shall to the widest possible extent be public and oral. Subsection 2. Laymen shall participate in criminal proceedings. The cases and the form in which such participation shall take place, including which cases shall be tried by jury, shall be provided for by statute.
    Section 71. Subsection 2. A person shall be deprived of his liberty only when this is warranted by law. Subsection 3. Any person who is taken into custody shall be brought before a judge within twenty-four hours. When the person taken into custody cannot be released immediately, the judge shall decide, in an order to be given as soon as possible and at the latest within three days, stating the grounds,
    whether the person taken into custody shall be committed to prison; and in cases in which he can be released on bail, the judge shall also determine the nature and amount of such bail. This provision
    may be disregarded by statute as far as Greenland is concerned, if for local considerations such departure may be deemed necessary. Subsection 4. The pronouncement of the judge may be separately appealed against at once to a higher court of justice by the person concerned. Subsection 5. No person shall be remanded in custody for an offence which can involve only punishment by fine or simple detention.

  • The Fundamental Law of Hungary
    URL:
    The Fundamental Law of Hungary
    Paese:
    Hungary

    Article XXVIII (Freedom and Responsibility) (1) Everyone shall have the right to have any charge against him or her, or his or her rights and obligations in any litigation, adjudicated within a reasonable time in a fair and public trial by an independent and impartial court established by an Act. […]
    (3) Persons subject to criminal proceedings shall have the right to defence at all stages of the procedure. Defence counsels shall not be held liable for their opinion expressed while providing legal defence. […]
    (7) Everyone shall have the right to seek legal remedy against any court, authority or other administrative decision which violates his or her rights or legitimate interests.

  • Tο Σύνταγμα της Κυπριακής Δημοκρατίας
    URL:
    Tο Σύνταγμα της Κυπριακής Δημοκρατίας
    Paese:
    Cyprus

    ΑΡΘΡΟΝ 30
    1. Εις ουδένα δύναται ν’ απαγορευθή η προσφυγή ενώπιον του δικαστηρίου, εις ο δικαιούται να προσφύγη δυνάμει του Συντάγματος. Η σύστασις δικαστικών επιτροπών ή εκτάκτων δικαστηρίων υπό οιονδήποτε όνομα απαγορεύεται.
    2. Έκαστος, κατά την διάγνωσιν των αστικών αυτού δικαιωμάτων και υποχρεώσεων ή οιασδήποτε κατ’ αυτού ποινικής κατηγορίας, δικαιούται ανεπηρεάστου, δημοσίας ακροαματικής διαδικασίας εντός ευλόγου χρόνου, ενώπιον ανεξαρτήτου, αμερολήπτου και αρμοδίου δικαστηρίου ιδρυομένου διά νόμου.
    Αι αποφάσεις των δικαστηρίων δέον να είναι ητιολογημέναι και ν’ απαγγέλλωνται εν δημοσία συνεδριάσει, πλην όμως ο τύπος και το κοινόν δύνανται ν’ αποκλεισθώσιν εξ ολοκλήρου ή μέρους της δίκης τη αποφάσει του δικαστηρίου, οσάκις απαιτή τούτο το συμφέρον της ασφαλείας της Δημοκρατίας ή της συνταγματικής τάξεως ή της δημοσίας τάξεως ή της δημοσίας ασφαλείας ή των δημοσίων ηθών ή το συμφέρον των ανηλίκων ή η προστασία της ιδιωτικής ζωής των διαδίκων ή υπό ειδικάς συνθήκας, καθ’ ας κατά την κρίσιν του δικαστηρίου η δημοσιότης θα ηδύνατο να επηρεάσει δυσμενώς το συμφέρον της δικαιοσύνης.
    3. Έκαστος έχει το δικαίωμα:
    (α) να πληροφορηθή τους λόγους, δι’ ους καλείται να εμφανισθή ενώπιον του δικαστηρίου,
    (β) να προβάλη τους ισχυρισμούς αυτού ενώπιον του δικαστηρίου και να έχη χρόνον επαρκή διά την προπαρασκευήν τούτων,
    (γ) να προσάγη ή να προκαλή την προσαγωγήν των μέσων αποδείξεως και να εξετάζη μάρτυρας συμφώνως τω νόμω,
    (δ) να έχη συνήγορον της ιδίας αυτού εκλογής και να έχη δωρεάν νομικήν αρωγήν, οσάκις το συμφέρον της δικαιοσύνης απαιτή τούτο και όπως ο νόμος ορίζει,
    (ε) να έχει δωρεάν συμπαράστασιν διερμηνέως, εφ’ όσον δεν δύναται να κατανοή ή ομιλή την εν τω δικαστηρίω χρησιμοποιουμένην γλώσσαν.

  • Ustav Republike Hrvatske
    URL:
    Ustav Republike Hrvatske
    Paese:
    Croatia

    Članak 18.
    Jamči se pravo na žalbu protiv pojedinačnih pravnih akata donesenih u postupku prvog stupnja pred sudom ili drugim ovlaštenim tijelom.
    Pravo na žalbu može biti iznimno isključeno u slučajevima određenima zakonom ako je osigurana druga pravna zaštita.

    Članak 26.
    Svi su državljani Republike Hrvatske i stranci jednaki pred sudovima i drugim državnim i inim tijelima koja imaju javne ovlasti.

    Članak 28.
    Svatko je nedužan i nitko ga ne može smatrati krivim za kazneno djelo dok mu se pravomoćnom sudskom presudom ne utvrdi krivnja.

    Članak 29.
    Svatko ima pravo da zakonom ustanovljeni neovisni i nepristrani sud pravično i u razumnom roku odluči o njegovim pravima i obvezama, ili o sumnji ili optužbi zbog kažnjivog djela.

    U slučaju sumnje ili optužbe zbog kažnjivog djela osumnjičenik, okrivljenik ili optuženik ima pravo:
    – da u najkraćem roku bude obaviješten potanko i na jeziku koji razumije o naravi i razlozima optužbe koja se diže protiv njega i o dokazima koji ga terete,
    – da ima odgovarajuće vrijeme i mogućnost za pripremu obrane,
    – na branitelja i nesmetano uspostavljanje veze s braniteljem, i s tim pravom mora biti upoznat,
    – da se brani sam ili uz branitelja po vlastitom izboru, a ako nema dovoljno sredstava da plati branitelja, ima pravo na besplatnog branitelja pod uvjetom propisanim zakonom,
    – da mu se sudi u njegovoj nazočnosti, ukoliko je dostupan sudu,
    – da ispituje ili dade ispitati svjedoke optužbe i da zahtijeva da se osigura nazočnost i ispitivanje svjedoka obrane pod istim uvjetima kao i svjedoka optužbe,
    – na besplatnu pomoć tumača ako ne razumije ili ne govori jezik koji se upotrebljava na sudu.
    Osumnjičenik, okrivljenik i optuženik ne smije se siliti da prizna krivnju.

    Dokazi pribavljeni na nezakonit način ne mogu se uporabiti u sudskom postupku.

    Kazneni postupak može se pokrenuti samo pred sudom na zahtjev ovlaštenog tužitelja.

  • Το Σύνταγμα της Ελλάδας
    URL:
    Το Σύνταγμα της Ελλάδας
    Paese:
    Greece

    Άρθρο 8 Κανένας δεν στερείται χωρίς τη θέλησή του το δικαστή που του έχει ορίσει ο νόμος. Δικαστικές επιτροπές και έκτακτα δικαστήρια, με οποιοδήποτε όνομα, δεν επιτρέπεται να συσταθούν.[...] Άρθρο 20 (1).Καθένας έχει δικαίωμα στην παροχή έννομης προστασίας από τα δικαστήρια και μπορεί να αναπτύξει σ' αυτά τις απόψεις του για τα δικαιώματα ή συμφέροντά του, όπως νόμος ορίζει. (2).Το δικαίωμα της προηγούμενης ακρόασης του ενδιαφερομένου ισχύει και για κάθε διοικητική ενέργεια ή μέτρο που λαμβάνεται σε βάρος των δικαιωμάτων ή συμφερόντων του [...].Άρθρο 87 (1).Η δικαιοσύνη απονέμεται από δικαστήρια συγκροτούμενα από τακτικούς δικαστές, που απολαμβάνουν λειτουργική προσωπική ανεξαρτησία.(2).Οι δικαστές κατά την άσκηση των καθηκόντων τους υπόκεινται μόνο στο Σύνταγμα και στους νόμους και σε καμία περίπτωση δεν υποχρεούνται να συμμορφώνονται με διατάξεις που έχουν τεθεί κατά κατάλυση του Συντάγματος.(3).Η επιθεώρηση των τακτικών δικαστών ενεργείται από δικαστές ανώτερου βαθμού καθώς και από τον Εισαγγελέα, τους Αντεισαγγελείς του Αρείου Πάγου, των δε εισαγγελέων από αρεοπαγίτες και εισαγγελείς ανώτερου βαθμού, σύμφωνα με τους ορισμούς του νόμου. [...] Άρθρο 97(1).Τα κακουργήματα και τα πολιτικά εγκλήματα δικάζονται από μικτά ορκωτά δικαστήρια που συγκροτούνται από τακτικούς δικαστές και ενόρκους, όπως νόμος ορίζει. Οι αποφάσεις των δικαστηρίων αυτών υπόκεινται στα ένδικα μέσα που ορίζει ο νόμος.(2).Κακουργήματα και πολιτικά εγκλήματα, που με συντακτικές πράξεις, ψηφίσματα και ειδικούς νόμους έχουν υπαχθεί έως την ισχύ του Συντάγματος στη δικαιοδοσία των εφετείων, εξακολουθούν να δικάζονται από αυτά, εφόσον δεν υπαχθούν με νόμο στην αρμοδιότητα των μικτών ορκωτών δικαστηρίων. Με νόμο μπορεί να υπαχθούν στη δικαιοδοσία των ίδιων εφετείων και άλλα κακουργήματα.(3).Τα εγκλήματα κάθε βαθμού που διαπράττονται δια του Τύπου υπάγονται στα τακτικά ποινικά δικαστήρια, όπως νόμος ορίζει. [...]

  • КОНСТИТУЦИЯ на Република България
    URL:
    КОНСТИТУЦИЯ на Република България
    Paese:
    Bulgaria

    Чл. 30 [...] (4) Всеки има право на адвокатска защита от момента на задържането му или на привличането му като обвиняем.(5) Всеки има право да се среща насаме с лицето, което го защитава. Тайната на техните съобщения е неприкосновена. Чл. 31(1) Всеки обвинен в престъпление следва да бъде предаден на съдебната власт в законно определения срок. [...] (4) Не се допускат ограничения на правата на обвиняемия, надхвърлящи необходимото за осъществяване на правосъдието.Чл. 45. Гражданите имат право на жалби, предложения и петиции до държавните органи. Чл. 56 Всеки гражданин има право на защита, когато са нарушени или застрашени негови права или законни интереси. В държавните учреждения той може да се явява и със защитник. Чл. 117. (1) Съдебната власт защитава правата и законните интереси на гражданите, юридическите лица и държавата. [...] Чл. 120. (1) Съдилищата осъществяват контрол за законност на актове и действия на административните органи. (2) Гражданите и юридическите лица могат да обжалват всички административни актове, които ги засягат, освен изрично посочените със закон. Чл. 122(1) Гражданите и юридическите лица имат право на защита във всички стадии на процеса.(2) Редът за упражняване правото на защита се определя със закон.

Diritto dell'UE

35 results found

  • Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participatio
    URL:
    https://eur-lex.europa.eu/eli/dir/2024/1069/oj/eng

    Preamble 


    (3) Article 10(3) TEU states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the right to respect for private and family life, to the protection of personal data, to freedom of expression and information, which includes respect for the freedom and pluralism of the media, to freedom of assembly and of association and the right to an effective remedy and to a fair trial.

    (4) The right to freedom of expression and information as established in Article 11 of the Charter includes the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. It is necessary to give to Article 11 of the Charter the meaning and scope of corresponding Article 10 of the European Convention on Human Rights (‘ECHR’) on the right to freedom of expression as interpreted by the European Court of Human Rights (‘ECtHR’).


    (7) The right to freedom of expression is a fundamental right that is to be exercised with a sense of duty and responsibility, taking into account people’s fundamental right to obtain impartial information, as well as respect for the fundamental right to protect one’s reputation, protection of personal data and privacy. In cases of a conflict between those rights, all parties are to have access to courts with due respect for the fair trial principle. To that end, this Directive should leave the court or tribunal seised of the matter with the discretion to consider whether the application of the relevant safeguards is appropriate in a particular case. In exercising such discretion the court should not apply the relevant safeguards for example where the public participation is not in good faith such as in cases where, through the public participation, the defendant disseminated disinformation or fabricated allegations for the purpose of damaging the claimant’s reputation.

    (22) Public participation should be defined as the making of any statement or the carrying out of any activity by a natural or legal person in the exercise of fundamental rights such as freedom of expression and information, freedom of the arts and sciences, or freedom of assembly and association, and concerning a matter of current or future public interest, including the creation, exhibition, advertisement, or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and marketing activities. Future public interest refers to the fact that a matter might not yet be of public interest, but could become so, once the public becomes aware of it, for example by means of a publication. Public participation can also include activities related to the exercise of academic and artistic freedom, the right to freedom of association and peaceful assembly, such as the organisation of or participation in lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as claims before courts or administrative bodies and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity that is targeted by SLAPPs to stifle public participation. Such activities should directly concern a specific act of public participation or be based on a contractual link between the actual target of a SLAPP and the person providing the preparatory, supporting or assisting activity. Bringing claims not against a journalist or a human rights defender but against the internet platform on which they publish their work or against the company that prints a text or a shop that sells the text can be an effective way of silencing public participation, as without such services opinions cannot be published and thus cannot influence public debate. In addition, public participation can cover other activities meant to inform or influence public opinion or to foster the taking of action by the public, including activities by private or public entities in relation to an issue of public interest, such as the organisation of or participation in research, surveys, campaigns or any other collective actions.

    Article 4: Definitions

    For the purposes of this Directive, the following definitions apply:

    (1) ‘public participation’ means the making of any statement or the carrying out of any activity by a natural or legal person in the exercise of the right to freedom of expression and information, freedom of the arts and sciences, or freedom of assembly and association, and any preparatory, supporting or assisting action directly linked thereto, and which concerns a matter of public interest;

    (2) ‘matter of public interest’ means any matter which affects the public to such an extent that the public may legitimately take an interest in it, in areas such as:

    (a) fundamental rights, public health, safety, the environment or the climate;

    (b) activities of a natural or legal person that is a public figure in the public or private sector;

    (c) matters under consideration by a legislative, executive, or judicial body, or any other official proceedings;

    (d) allegations of corruption, fraud, or of any other criminal offence, or of administrative offences in relation to such matters;

    (e) activities aimed at protecting the values enshrined in Article 2 of the Treaty on European Union, including the protection of democratic processes against undue interference, in particular by fighting disinformation;

    (3) ‘abusive court proceedings against public participation’ mean court proceedings which are not brought to genuinely assert or exercise a right, but have as their main purpose the prevention, restriction or penalisation of public participation, frequently exploiting an imbalance of power between the parties, and which pursue unfounded claims. Indications of such a purpose include for example:

    (a) the disproportionate, excessive or unreasonable nature of the claim or part thereof, including the excessive dispute value;

    (b) the existence of multiple proceedings initiated by the claimant or associated parties in relation to similar matters;

    (c) intimidation, harassment or threats on the part of the claimant or the claimant’s representatives, before or during the proceedings, as well as similar conduct by the claimant in similar or concurrent cases;

    (d) the use in bad faith of procedural tactics, such as delaying proceedings, fraudulent or abusive forum shopping or the discontinuation of cases at a later stage of the proceedings in bad faith.

    Article 9: Support for the defendant in court proceedings

    Member States shall ensure that a court or tribunal seised of court proceedings brought against natural or legal persons on account of their engagement in public participation may accept that associations, organisations, trade unions and other entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in safeguarding or promoting the rights of persons engaging in public participation, may support the defendant, where the defendant so approves, or provide information in those proceedings in accordance with national law.

  • Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims
    URL:
    https://eur-lex.europa.eu/eli/reg/2004/805/oj/eng

    Preamble

    (11) This Regulation seeks to promote the fundamental rights and takes into account the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, it seeks to ensure full respect for the right to a fair trial as recognised in Article 47 of the Charter.

    Article 1: Subject matter

    The purpose of this Regulation is to create a European Enforcement Order for uncontested claims to permit, by laying down minimum standards, the free circulation of judgments, court settlements and authentic instruments throughout all Member States without any intermediate proceedings needing to be brought in the Member State of enforcement prior to recognition and enforcement.

    Article 12: Scope of application of minimum standards

    1. A judgment on a claim that is uncontested within the meaning of Article 3(1)(b) or (c) can be certified as a European Enforcement Order only if the court proceedings in the Member State of origin met the procedural requirements as set out in this Chapter.

    2. The same requirements shall apply to the issuing of a European Enforcement Order certificate or a replacement certificate within the meaning of Article 6(3) for a decision following a challenge to a judgment where, at the time of that decision, the conditions of Article 3(1)(b) or (c) are fulfilled.

    Article 16: Provision to the debtor of due information about the claim

    In order to ensure that the debtor was provided with due information about the claim, the document instituting the proceedings or the equivalent document must have contained the following:

    (a) the names and the addresses of the parties;

    (b) the amount of the claim;

    (c) if interest on the claim is sought, the interest rate and the period for which interest is sought unless statutory interest is automatically added to the principal under the law of the Member State of origin;

    (d) a statement of the reason for the claim.

    Article 17: Provision to the debtor of due information about the procedural steps necessary to contest the claim

    The following must have been clearly stated in or together with the document instituting the proceedings, the equivalent document or any summons to a court hearing:

    (a) the procedural requirements for contesting the claim, including the time limit for contesting the claim in writing or the time for the court hearing, as applicable, the name and the address of the institution to which to respond or before which to appear, as applicable, and whether it is mandatory to be represented by a lawyer;

    (b) the consequences of an absence of objection or default of appearance, in particular, where applicable, the possibility that a judgment may be given or enforced against the debtor and the liability for costs related to the court proceedings.

  • Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
    URL:
    https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R1215

    Preamble 

    (29) The direct enforcement in the Member State addressed of a judgment given in another Member State without a declaration of enforceability should not jeopardise respect for the rights of the defence. Therefore, the person against whom enforcement is sought should be able to apply for refusal of the recognition or enforcement of a judgment if he considers one of the grounds for refusal of recognition to be present. This should include the ground that he had not had the opportunity to arrange for his defence where the judgment was given in default of appearance in a civil action linked to criminal proceedings. It should also include the grounds which could be invoked on the basis of an agreement between the Member State addressed and a third State concluded pursuant to Article 59 of the 1968 Brussels Convention.

    (38) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular the right to an effective remedy and to a fair trial guaranteed in Article 47 of the Charter.

  • Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law
    URL:
    https://eur-lex.europa.eu/eli/dir/2024/1203/oj/eng

    Preamble 
    (44) The publication of the personal data of convicted persons contained in judicial decisions should only be possible in duly justified exceptional cases following a case-by-case assessment, weighing the public interest against the rights to respect for private life and protection of the personal data of the convicted person provided for in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union (the ‘Charter’), respectively. 


    (53)To ensure successful enforcement of environmental criminal law, Member States should make available to competent authorities effective investigative tools for environmental criminal offences such as those available under their national law for combatting organised crime or other serious criminal offences, if and to the extent that the use of those tools is appropriate and proportionate to the nature and gravity of the criminal offences as provided for in national law. Such tools could include the interception of communications, covert surveillance, including electronic surveillance, controlled deliveries, the monitoring of bank accounts and other financial investigation tools. Those tools should be used in line with the principle of proportionality and in full respect of the Charter. It is imperative that the right to the protection of personal data be respected.


    (75) This Directive respects the fundamental rights and observes the principles as recognised in particular by the Charter, including the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of legality and proportionality of criminal offences and penalties, and the right not to be tried or punished twice in criminal proceedings for the same offence. This Directive seeks to ensure full respect for those rights and principles and should be implemented accordingly.

    Article 1: Subject matter

    This Directive establishes minimum rules with regard to the definition of criminal offences and penalties in order to protect the environment more effectively, as well as with regard to measures to prevent and combat environmental crime and to effectively enforce Union environmental law.

    Article 5: Penalties for natural persons

    1.   Member States shall take the necessary measures to ensure that criminal offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.

    Article 7: Penalties for legal persons

    1.   Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) or (2) is punishable by effective, proportionate and dissuasive criminal or non-criminal penalties or measures.

  • Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’)
    URL:
    https://eur-lex.europa.eu/eli/reg/2017/1939/oj/eng

    Preamble

    (30) The investigations of the EPPO should as a rule be carried out by European Delegated Prosecutors in the Member States. They should do so in accordance with this Regulation and, as regards matters not covered by this Regulation, in accordance with national law. European Delegated Prosecutors should carry out their tasks under the supervision of the supervising European Prosecutor and under the direction and instruction of the competent Permanent Chamber. Where the national law of a Member State provides for the internal review of certain acts within the structure of the national prosecutor’s office, the review of such decisions taken by the European Delegated Prosecutor should fall under the supervision powers of the supervising European Prosecutor in accordance with the internal rules of procedure of the EPPO. In such cases, Member States should not be obliged to provide for review by national courts, without prejudice to Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).


    (80) The evidence presented by the EPPO in court should not be denied admission on the mere ground that the evidence was gathered in another Member State or in accordance with the law of another Member State, provided that the trial court considers its admission to respect the fairness of the procedure and the suspect or accused person’s rights of defence under the Charter. This Regulation respects the fundamental rights and observes the principles recognised by Article 6 TEU and in the Charter, in particular Title VI thereof, by international law and by international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by Member States’ constitutions in their respective fields of application. In line with those principles, and in respecting the different legal systems and traditions of the Member States as provided for in Article 67(1) TFEU, nothing in this Regulation may be interpreted as prohibiting the courts from applying the fundamental principles of national law on fairness of the procedure that they apply in their national systems, including in common law systems.


    (83) This Regulation requires the EPPO to respect, in particular, the right to a fair trial, the rights of the defence and the presumption of innocence, as enshrined in Articles 47 and 48 of the Charter. Article 50 of the Charter, which protects the right not to be tried or punished twice in criminal proceedings for the same offence (ne bis in idem), ensures that there will be no double jeopardy as a result of the prosecutions brought by the EPPO. The activities of the EPPO should thus be exercised in full compliance with those rights and this Regulation should be applied and interpreted accordingly.

    (98) In order to ensure effective, reliable and consistent monitoring of compliance with and enforcement of this Regulation as regards operational personal data, as required by Article 8 of the Charter, the European Data Protection Supervisor should have the tasks laid down in this Regulation and should have effective powers, including investigative, corrective, and advisory powers which constitute the necessary means to perform those tasks. However, the powers of the European Data Protection Supervisor should not unduly interfere with specific rules for criminal proceedings, including investigation and prosecution of criminal offences, or the independence of the judiciary.

    Article 5: Basic principles of the activities

    1.   The EPPO shall ensure that its activities respect the rights enshrined in the Charter.

    2.   The EPPO shall be bound by the principles of rule of law and proportionality in all its activities.

    3.   The investigations and prosecutions on behalf of the EPPO shall be governed by this Regulation. National law shall apply to the extent that a matter is not regulated by this Regulation. Unless otherwise specified in this Regulation, the applicable national law shall be the law of the Member State whose European Delegated Prosecutor is handling the case in accordance with Article 13(1). Where a matter is governed by both national law and this Regulation, the latter shall prevail.

    4.   The EPPO shall conduct its investigations in an impartial manner and shall seek all relevant evidence whether inculpatory or exculpatory.

    5.   The EPPO shall open and conduct investigations without undue delay.

    6.   The competent national authorities shall actively assist and support the investigations and prosecutions of the EPPO. Any action, policy or procedure under this Regulation shall be guided by the principle of sincere cooperation.

    Article 41: Scope of the rights of the suspects and accused persons

    1.   The activities of the EPPO shall be carried out in full compliance with the rights of suspects and accused persons enshrined in the Charter, including the right to a fair trial and the rights of defence.

    2.   Any suspected or accused person in the criminal proceedings of the EPPO shall, at aa minimum, have the procedural rights provided for in Union law, including directives concerning the rights of suspects and accused persons in criminal procedures, as implemented by national law, such as:

    (a) the right to interpretation and translation, as provided for in Directive 2010/64/EU;

    (b) the right to information and access to the case materials, as provided for in Directive 2012/13/EU;

    (c) the right of access to a lawyer and the right to communicate with and have third persons informed in the event of detention, as provided for in Directive 2013/48/EU;

    (d) the right to remain silent and the right to be presumed innocent as provided for in Directive (EU) 2016/343;

    (e) the right to legal aid as provided for in Directive (EU) 2016/1919.

    3.   Without prejudice to the rights referred to in this Chapter, suspects and accused persons as well as other persons involved in the proceedings of the EPPO shall have all the procedural rights available to them under the applicable national law, including the possibility to present evidence, to request the appointment of experts or expert examination and hearing of witnesses, and to request the EPPO to obtain such measures on behalf of the defence.

    Article 47: Principles relating to processing of personal data

    1.   Personal data shall be:

    (a) processed lawfully and fairly (‘lawfulness and fairness’);

    (b) collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes provided that the EPPO provides appropriate safeguards for the rights and freedoms of data subjects (‘purpose limitation’);

    (c) adequate, relevant, and not excessive in relation to the purposes for which they are processed (‘data minimisation’);

    (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

    (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes provided that the EPPO provides appropriate safeguards for the rights and freedoms of data subjects, in particular by the implementation of the appropriate technical and organisational measures required by this Regulation (‘storage limitation’);

    (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

    2.   The EPPO shall be responsible for, and be able to demonstrate compliance with paragraph 1 (‘accountability’) when processing personal data wholly or partly by automated means and when processing other than by automated means personal data which form part of a filing system or are intended to form part of a filing system.

    3.   Processing by the EPPO for any of the purposes set out in Article 49 other than that for which the operational personal data are collected shall be permitted in so far as:

    (a) the EPPO is authorised to process such operational personal data for such a purpose in accordance with this Regulation; and

    (b) processing is necessary and proportionate to that other purpose in accordance with Union law; and

    (c) where relevant, the use of operational personal data is not prohibited by the applicable national procedural law on the investigative measures taken in accordance with Article 30. The applicable national procedural law is the law of the Member State where the data was obtained.

  • Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security
    URL:
    https://eur-lex.europa.eu/eli/dir/1979/7/oj/eng

    Article 1

    The purpose of this Directive is the progressive implementation, in the field of social security and other elements of social protection provided for in Article 3, of the principle of equal treatment for men and women in matters of social security, hereinafter referred to as ‘the principle of equal treatment’.

    Article 4

    1.   The principle of equal treatment means that there shall be no discrimination whatsoever on ground of sex either directly, or indirectly by reference in particular to marital or family status, in particular as concerns:

    — the scope of the schemes and the conditions of access thereto,

    — the obligation to contribute and the calculation of contributions,

    — the calculation of benefits including increases due in respect of a spouse and for dependants and the conditions governing the duration and retention of entitlement to benefits.

    2.   The principle of equal treatment shall be without prejudice to the provisions relating to the protection of women on the grounds of maternity.

    Article 6

    Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply the principle of equal treatment to pursue their claims by judicial process, possibly after recourse to other competent authorities.

  • Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings
    URL:
    https://eur-lex.europa.eu/eli/dir/2016/1919/oj/eng

    Preamble  


    (3) The third paragraph of Article 47 of the Charter of Fundamental Rights of the European Union (the Charter), Article 6(3)(c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR) enshrine the right to legal aid in criminal proceedings in accordance with the conditions laid down in those provisions. The Charter has the same legal value as the Treaties, and the Member States are parties to the ECHR and the ICCPR. However, experience has shown that this in itself does not always provide a sufficient degree of trust in the criminal justice systems of other Member States.


    (17) In accordance with Article 6(3)(c) ECHR, suspects and accused persons who lack sufficient resources to pay for the assistance of a lawyer are to have the right to legal aid when the interests of justice so require. This minimum rule allows Member States to apply a means test, a merits test, or both. The application of those tests should not limit or derogate from the rights and procedural safeguards that are ensured under the Charter and the ECHR, as interpreted by the Court of Justice and by the ECtHR.


    (21) Requested persons should have the right to legal aid in the executing Member State. In addition, requested persons who are the subject of European arrest warrant proceedings for the purpose of conducting a criminal prosecution and who exercise their right to appoint a lawyer in the issuing Member State in accordance with Directive 2013/48/EU should have the right to legal aid in that Member State for the purpose of such proceedings in the executing Member State, in so far as legal aid is necessary to ensure effective access to justice, as laid down in Article 47 of the Charter. This would be the case where the lawyer in the executing Member State cannot fulfil his or her tasks as regards the execution of a European arrest warrant effectively and efficiently without the assistance of a lawyer in the issuing Member State. Any decision regarding the granting of legal aid in the issuing Member State should be taken by an authority that is competent for taking such decisions in that Member State, on the basis of criteria that are established by that Member State when implementing this Directive.

    (22) To ensure effective access to a lawyer by requested persons, Member States should ensure that requested persons have a right to legal aid until they are surrendered, or until the decision not to surrender them becomes final.

    (23) When implementing this Directive, Member States should ensure respect for the fundamental right to legal aid as provided for by the Charter and by the ECHR. In doing so, they should respect the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.


    (29) This Directive should apply to suspects, accused persons and requested persons regardless of their legal status, citizenship or nationality. Member States should respect and guarantee the rights set out in this Directive, without any discrimination based on any ground such as race, colour, sex, sexual orientation, language, religion, political or other opinion, nationality, ethnic or social origin, property, disability or birth. This Directive upholds the fundamental rights and principles recognised by the Charter and by the ECHR, including the prohibition of torture and inhuman or degrading treatment, the right to liberty and security, respect for private and family life, the right to the integrity of the person, the rights of the child, the integration of persons with disabilities, the right to an effective remedy and the right to a fair trial, the presumption of innocence, and the rights of the defence. This Directive should be implemented in accordance with those rights and principles.

    (30) This Directive lays down minimum rules. Member States should be able to extend the rights laid down in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection provided for by Member States should never fall below the standards provided by the Charter or by the ECHR, as interpreted by the Court of Justice and by the ECtHR.

    Article 3: Definition

    For the purposes of this Directive, ‘legal aid’ means funding by a Member State of the assistance of a lawyer, enabling the exercise of the right of access to a lawyer.

    Article 4: Legal aid in criminal proceedings

    1.   Member States shall ensure that suspects and accused persons who lack sufficient resources to pay for the assistance of a lawyer have the right to legal aid when the interests of justice so require.

    2.   Member States may apply a means test, a merits test, or both to determine whether legal aid is to be granted in accordance with paragraph 1.

    3.   Where a Member State applies a means test, it shall take into account all relevant and objective factors, such as the income, capital and family situation of the person concerned, as well as the costs of the assistance of a lawyer and the standard of living in that Member State, in order to determine whether, in accordance with the applicable criteria in that Member State, a suspect or an accused person lacks sufficient resources to pay for the assistance of a lawyer.

    4.   Where a Member State applies a merits test, it shall take into account the seriousness of the criminal offence, the complexity of the case and the severity of the sanction at stake, in order to determine whether the interests of justice require legal aid to be granted. In any event, the merits test shall be deemed to have been met in the following situations:

    (a) where a suspect or an accused person is brought before a competent court or judge in order to decide on detention at any stage of the proceedings within the scope of this Directive; and

    (b) during detention.

    5.   Member States shall ensure that legal aid is granted without undue delay, and at the latest before questioning by the police, by another law enforcement authority or by a judicial authority, or before the investigative or evidence-gathering acts referred to in point (c) of Article 2(1) are carried out.

    6.   Legal aid shall be granted only for the purposes of the criminal proceedings in which the person concerned is suspected or accused of having committed a criminal offence.

    Article 5: Legal aid in European arrest warrant proceedings

    1.   The executing Member State shall ensure that requested persons have a right to legal aid upon arrest pursuant to a European arrest warrant until they are surrendered, or until the decision not to surrender them becomes final.

    2.   The issuing Member State shall ensure that requested persons who are the subject of European arrest warrant proceedings for the purpose of conducting a criminal prosecution and who exercise their right to appoint a lawyer in the issuing Member State to assist the lawyer in the executing Member State in accordance with Article 10(4) and (5) of Directive 2013/48/EU have the right to legal aid in the issuing Member State for the purpose of such proceedings in the executing Member State, in so far as legal aid is necessary to ensure effective access to justice.

    3.   The right to legal aid referred to in paragraphs 1 and 2 may be subject to a means test in accordance with Article 4(3), which shall apply mutatis mutandis.

    Article 6: Decisions regarding the granting of legal aid

    1.   Decisions on whether or not to grant legal aid and on the assignment of lawyers shall be made, without undue delay, by a competent authority. Member States shall take appropriate measures to ensure that the competent authority takes its decisions diligently, respecting the rights of the defence.

    2.   Member States shall take necessary measures to ensure that suspects, accused persons and requested persons are informed in writing if their request for legal aid is refused in full or in part.

    Article 7: Quality of legal aid services and training

    1.   Member States shall take necessary measures, including with regard to funding, to ensure that:

    (a) there is an effective legal aid system that is of an adequate quality; and

    (b) legal aid services are of a quality adequate to safeguard the fairness of the proceedings, with due respect for the independence of the legal profession.

    2.   Member States shall ensure that adequate training is provided to staff involved in the decision-making on legal aid in criminal proceedings and in European arrest warrant proceedings.

    3.   With due respect for the independence of the legal profession and for the role of those responsible for the training of lawyers, Member States shall take appropriate measures to promote the provision of adequate training to lawyers providing legal aid services.

    4.   Member States shall take the necessary measures to ensure that suspects, accused persons and requested persons have the right, upon their request, to have the lawyer providing legal aid services assigned to them replaced, where the specific circumstances so

  • Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector
    URL:
    https://eur-lex.europa.eu/eli/reg/2022/1925/oj/eng

    Preamble 

    (109) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Articles 16, 47 and 50 thereof. Accordingly, the interpretation and application of this Regulation should respect those rights and principles,

  • Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU
    URL:
    https://eur-lex.europa.eu/eli/reg/2024/1083/oj/eng

    Preamble 


    (15) This Regulation does not affect the freedom of expression and information guaranteed to individuals under the Charter. The European Court of Human Rights has observed that in such a sensitive sector as the audiovisual media sector, in addition to its negative duty of non-interference, the public powers have a positive obligation to put in place an appropriate legislative and administrative framework to guarantee effective media pluralism


    (20) In order to avoid circumvention of the protection of journalistic sources and confidential communications and guarantee adequate respect for one’s private and family life, home and communications in accordance with the Charter, safeguards should also apply to persons who, because of their regular private or professional relationship with media service providers or members of their editorial staff, are likely to have information that could identify journalistic sources or confidential communications. That should include persons living in a close relationship in a joint household and on a stable and continuous basis and persons who are or have been professionally involved in the preparation, production or dissemination of programmes or press publications and who are only targeted due to their close links with media service providers, journalists or other members of the editorial staff. The protection of journalistic sources and confidential communications should also benefit the staff of media service providers, such as the technical staff, including cybersecurity experts, who could be targeted given the important support role they provide to journalists in their daily work, which requires solutions to ensure the confidentiality of journalists’ work, and the resulting likelihood that they have access to information concerning journalistic sources or confidential communications.

    (21) Protecting journalistic sources and confidential communications is consistent with and contributes to the protection of the fundamental right enshrined in Article 11 of the Charter. It is also crucial for safeguarding the ‘public watchdog’ role of media service providers and, in particular investigative journalists in democratic societies and for upholding the rule of law. In light thereof, ensuring an adequate level of protection for journalistic sources and confidential communications requires that measures for obtaining such information be authorised by an authority that can independently and impartially assess whether it is justified by an overriding reason of public interest, such as a court, a judge, a prosecutor acting in a judicial capacity, or another such authority with competence to authorise those measures in accordance with national law. It also requires that surveillance measures be subject to regular review by such an authority to ascertain whether the conditions justifying the use of the measure in question continue to be fulfilled. That requirement is also met where the purpose of the regular review is to verify whether the conditions justifying an extension of the authorisation for the use of the measure have been fulfilled.


    (26) Intrusive surveillance software should only be deployed where it is justified by an overriding reason of public interest, it is provided for in Union or national law, it is in compliance with Article 52(1) of the Charter as interpreted by the Court of Justice and with other Union law, it has been authorised ex ante or, in exceptional and urgent cases, subsequently confirmed by a judicial authority or an independent and impartial decision-making authority, it occurs in investigations of offences listed in Article 2(2) of Council Framework Decision 2002/584/JHA (9) punishable in the Member State concerned by a custodial sentence or a detention order of a maximum period of at least three years or in investigations of other serious offences punishable in the Member State concerned by a custodial sentence or a detention order of a maximum period of at least five years, as determined by the national law of that Member State, and provided that no other less restrictive measure would be adequate and sufficient to obtain the information sought. According to the principle of proportionality, limitations can be made to an individual’s rights and freedoms only if they are necessary and genuinely meet objectives of general interest recognised by the Union. Thus, as regards specifically the deployment of intrusive surveillance software, it is necessary to ascertain whether the offence in question attains a threshold of seriousness as laid down in this Regulation, whether, following an individual assessment of all the relevant circumstances in a given case, the investigation and prosecution of that offence merit the particularly intrusive interference with fundamental rights and economic freedoms consisting in the deployment of intrusive surveillance software, whether there is sufficient evidence that the offence in question has been committed, and whether the deployment of intrusive surveillance software is relevant for the purpose of establishing the facts related to the investigation and prosecution of that offence.


    (77) This Regulation respects the fundamental rights and observes the principles recognised by the Charter, in particular Articles 7, 8, 11, 16, 47, 50 and 52 thereof. Accordingly, this Regulation should be interpreted and applied with due respect for those rights and principles. In particular, nothing in this Regulation should be interpreted as interfering with the freedom of information, editorial freedom or the freedom of the press as enshrined in national constitutional law that is consistent with the Charter or as incentivising Member States to introduce requirements for the editorial content of press publications.

    Article 4: Rights of media service providers 

    4.   By way of derogation from paragraph 3, points (a) and (b), of this Article, Member States may take a measure referred to therein, provided that it:

    (a) is provided for by Union or national law;

    (b) is in compliance with Article 52(1) of the Charter and other Union law;

    (c) is justified on a case-by-case basis by an overriding reason of public interest and is proportionate; and

    (d) is subject to prior authorisation by a judicial authority or an independent and impartial decision-making authority or, in duly justified exceptional and urgent cases, is subsequently authorised by such an authority without undue delay.

    8.   Member States shall ensure that media service providers, their editorial staff or any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have information related to or capable of identifying journalistic sources or confidential communications have a right to effective judicial protection, in line with Article 47 of the Charter, in cases regarding breaches of paragraphs 3 to 7 of this Article.

    Article 6: Duties of media services providers

    3.   Without prejudice to national constitutional law consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of editorial decisions. In particular, such measures shall aim to:

    (a) guarantee that editorial decisions can be taken freely within the established editorial line of the media service provider concerned; and

    (b) ensure that any actual or potential conflicts of interest that might affect the provision of news and current affairs content are disclosed.

  • Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals
    URL:
    https://eur-lex.europa.eu/eli/dir/2009/52/oj/eng

    Preamble  


    (37) This Directive respects the fundamental rights and observes the principles recognised in particular by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. Specifically, it should be applied with due respect for the freedom to conduct a business, equality before the law and the principle of non-discrimination, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties, in accordance with Articles 16, 20, 21, 47 and 49 of the Charter.

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  • Report / Paper / Summary
    27
    November
    2025

    Places of Care = Places of Safety? Violence against persons with disabilities in institutions

    This report looks at the breadth and depth of violence and neglect faced by people with disabilities living in institutions. It highlights the shortcomings by EU Member States in preventing violence and protecting those who are at a higher risk of experiencing it, in line with the UN Convention on the Rights of Persons with Disabilities. Based on research across all EU Member States and FRA observer candidate countries, the report calls for better protection, stronger prevention of violence, and clear accountability. It urges the EU and its Member States to implement their obligations around equality and fundamental rights.
    Pixel-Shot / adobestock.com, 2025
  • Report / Paper / Summary
    13
    November
    2025

    Digitalising Justice: A fundamental rights-based approach

    FRA analysed 31 digital tools and systems across seven EU Member States, exploring potential positive and negative effects on victims, claimants and defendants. By identifying risks early, investing in skills and training, and embedding protections from the outset, policymakers and practitioners can build effective and inclusive justice systems. This report provides practical suggestions to help ensure that digitalised justice systems are accessible and deliver fair outcomes for all.
    BillionPhotos.com / adobestock.com, 2025
  • Handbook / Guide / Manual
    8
    October
    2025

    Entry/Exit System: Fundamental rights guidance for managers

    The Entry/Exit System (EES), launching in 2025, will register non-EU nationals crossing the EU’s external borders. This FRA guidance supports managers overseeing the operation of the new system. It helps them to ensure compliance with EU fundamental rights. It outlines operational considerations: clear communication, dignified biometric data collection and data protection. It also addresses staff training needs. Based on fieldwork at 10 border crossing points in 6 Member States, the guidance will ensure rights are respected under the new system. A separate guidance publication for border guards accompanies this publication.
    ©Savvapanf Photo / adobestock, 2025
  • Handbook / Guide / Manual
    8
    October
    2025

    Entry/Exit System: Fundamental rights guidance for border guards

    The Entry/Exit System (EES), launching in 2025, will register non-EU nationals crossing the EU’s external borders. This FRA guidance helps border guards apply the new rules in line with EU fundamental rights. It offers practical tips on informing people, collecting biometric data and supporting people with specific needs. Based on fieldwork at 10 border crossing points in 6 Member States, the guidance will ensure rights are respected under the new system. A separate guidance publication for managers accompanies this publication.
    ©Savvapanf Photo / adobestock, 2025
  • In brief / Factsheet
    1
    September
    2025

    European Arrest Warrant and Fundamental Rights ECtHR and CJEU Case-Law - Joint Factsheet - August 2025 Update

    This factsheet focuses on the European arrest warrant and EU Member States obligations to respect fundamental rights. EU law and the European Convention on Human Rights sometimes overlap. The publication clarifies where there are similar principles in different legislation and provides examples of case law. In collaboration, the EU Agency for Fundamental Rights and the European Court of Human Rights produced this short publication. It is designed to aid lawyers and policymakers in understanding and applying the jurisprudence in this area. The August 2025 version now contains recent case-law developments.
  • Periodic updates / Series
    30
    July
    2025

    ​Investigating alleged ill-treatment at the European Unions' external borders – 2025 update

    This publication looks at how EU countries investigate abuse and ill-treatment at their borders. While more incidents are now raised with judicial authorities, convictions remain rare. Covering incidents up to the end of 2024 - including serious cases and shipwrecks - it also highlights the role of Frontex and pending cases before the European Court of Human Rights. It builds on FRA’s 2024 Guidance on investigating alleged ill-treatment at borders which outlines ways to make investigations more effective.
    Miljan Živković / adobestock.com
  • Opinion / Position Paper
    23
    July
    2025

    Countering the instrumentalisation of migrants and refugees and respecting fundamental rights

    This position paper examines how the EU can counter the instrumentalisation of migrants while also upholding fundamental rights. Instrumentalisation refers to countries outside the EU using migration to exert political pressure. This position paper defines the phenomenon, provides examples, and outlines legal obligations under EU law. It provides legal analysis and warns that some responses risk undermining fundamental rights at the EU’s external borders, including the right to asylum. To counter instrumentalisation and uphold fundamental rights, the position paper proposes practical measures for Member States to take, such as sanctions, border controls, and cooperation with private operators.
    blende11.photo © adobestock.com, 2020
  • Fundamental Rights Report
    10
    June
    2025

    Fundamental Rights Report 2025

    The Fundamental Rights Report 2025 is the annual report of the European Union Agency for Fundamental Rights (FRA). It provides an overview of the state of fundamental rights in the EU and highlights selected critical developments and trends in 2024. The report covers issues such as inclusive elections, gender-based violence, and the implementation of the EU Charter of Fundamental Rights. It presents FRA’s opinions on these developments, setting out the actions that the EU and Member States should take. This annual publication is a valuable resource for those seeking to stay informed about the EU’s shifting landscape of fundamental rights.
    respiro888 / Adobestock.com, 2019
  • In brief / Factsheet
    27
    May
    2025

    European Arrest Warrant and Fundamental Rights ECtHR and CJEU Case-Law - Joint Factsheet - February 2025 Update

    This factsheet focuses on the European arrest warrant and EU Member States obligations to respect fundamental rights. EU law and the European Convention on Human Rights sometimes overlap. The publication clarifies where there are similar principles in different legislation and provides examples of case law. In collaboration, the EU Agency for Fundamental Rights and the European Court of Human Rights produced this short publication. It is designed to aid lawyers and policymakers in understanding and applying the jurisprudence in this area. The 2025 version now contains recent case-law developments.