eu-charter

Carta drepturilor fundamentale a Uniunii Europene

Articolul 47 - Dreptul la o cale de atac eficientă și la un proces echitabil

Articolul 47 - Dreptul la o cale de atac eficientă și la un proces echitabil

Orice persoană ale cărei drepturi și libertăți garantate de dreptul Uniunii sunt încălcate are dreptul la o cale de atac eficientă în fața unei instanțe judecătorești, în conformitate cu condițiile stabilite de prezentul articol. Orice persoană are dreptul la un proces echitabil, public și într-un termen rezonabil, în fața unei instanțe judecătorești independente și imparțiale, constituită în prealabil prin lege. Orice persoană are posibilitatea de a fi consiliată, apărată și reprezentată. Asistența juridică gratuită se acordă celor care nu dispun de resurse suficiente, în măsura în care aceasta este necesară pentru a-i asigura accesul efectiv la justiție.

Explicaţii

  • Text:

    Primul paragraf se întemeiază pe articolul 13 din CEDO:

    `Orice persoană ale cărei drepturi şi libertăţi recunoscute de prezenta Convenţie sunt încălcate are dreptul să se adreseze efectiv unei instanţe naţionale, chiar şi atunci când încălcarea s-ar datora unor persoane care au acţionat în exercitarea atribuţiilor lor oficiale`.

    Cu toate acestea, protecţia din dreptul Uniunii este mai extinsă, deoarece aceasta garantează dreptul de a apela efectiv la un judecător. Curtea de Justiţie a consacrat acest drept, ca principiu general de drept al Uniunii, prin hotărârea din 15 mai 1986 (cauza 222/84, Johnston, Rec. 1986, p. 1651; a se vedea şi hotărârea din 15 octombrie 1987, cauza 222/86, Heylens, Rec. 1987, p. 4097 şi hotărârea din 3 decembrie 1992, C-97/91, Borelli, Rec. 1992, p. I-6313). Potrivit Curţii, acest principiu general de drept al Uniunii se aplică şi statelor membre în cazul în care acestea aplică dreptul Uniunii. Menţionarea acestei jurisprudenţe în cartă nu avea ca obiect modificarea sistemului de control jurisdicţional prevăzut în tratate şi, în special, a normelor privind admisibilitatea acţiunilor formulate direct în faţa Curţii de Justiţie a Uniunii Europene. Convenţia Europeană a examinat sistemul de control jurisdicţional al Uniunii, inclusiv normele privind admisibilitatea, şi l-a confirmat, modificând însă anumite aspecte, după cum se arată la articolele 251-281 din Tratatul privind funcţionarea Uniunii Europene şi, în special, la articolul 263 alineatul (4). Articolul 47 se aplică instituţiilor Uniunii şi ale statelor membre în cazul în care acestea pun în aplicare dreptul Uniunii pentru toate drepturile garantate de dreptul Uniunii.

    Al doilea paragraf corespunde articolului 6 alineatul (1) din CEDO, cu următorul text:

    `Orice persoană are dreptul la judecarea în mod echitabil, în mod public şi într-un termen rezonabil a cauzei sale, de către o instanţă independentă şi imparţială, instituită de lege, care va hotărî fie asupra încălcării drepturilor şi a obligaţiilor sale cu caracter civil, fie asupra temeiniciei oricărei acuzaţii în materie penală îndreptate împotriva sa.
    Hotărârea trebuie să fie pronunţată în mod public, dar accesul în sala de şedinţă poate fi interzis presei şi publicului pe întreaga durată a procesului sau a unei părţi a acestuia, în interesul moralităţii, al ordinii publice ori al securităţii naţionale într-o societate democratică, atunci când interesele minorilor sau protecţia vieţii private a părţilor la proces o impun, sau în măsura considerată absolut necesară de către instanţă, atunci când, în împrejurări speciale, publicitatea ar fi de natură să aducă atingere intereselor justiţiei`.
    În dreptul Uniunii, dreptul de a se adresa unei instanţe nu se aplică numai pentru plângerile privind drepturile şi obligaţiile cu caracter civil. Aceasta este una dintre consecinţele faptului că Uniunea este o comunitate de drept, după cum a constatat Curtea de Justiţie în cauza 294/83, `Verzii`/Parlamentul European (hotărârea din 23 aprilie 1986, Rec. 1986, p. 1339). Cu toate acestea, cu excepţia domeniului lor de aplicare, garanţiile oferite de CEDO se aplică în mod similar în Uniune.

    În ceea ce priveşte paragraful al treilea, trebuie observat faptul că, în conformitate cu jurisprudenţa Curţii Europene a Drepturilor Omului, trebuie acordată asistenţă juridică în cazurile în care absenţa acesteia ar face ineficientă garantarea accesului efectiv la justiţie (hotărârea CEDO din 9 octombrie 1979, Airey, seria A, volumul 32, p. 11). Există, de asemenea, şi un sistem de asistenţă judiciară pentru cazurile de la Curtea de Justiţie a Uniunii Europene.

    Source:
    Jurnalul Oficial al Uniunii Europene C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Explicaţiile redate în continuare au fost redactate iniţial sub autoritatea prezidiului Convenţiei care a elaborat Carta drepturilor fundamentale a Uniunii Europene. Acestea au fost actualizate sub autoritatea prezidiului Convenţiei Europene, având în vedere adaptarea de către respectiva Convenţie a textului cartei (în special la articolele 51 şi 52), precum şi evoluţia dreptului Uniunii. Cu toate că aceste explicaţii nu au valoare juridică în sine, acestea constituie un preţios instrument de interpretare destinat clarificării dispoziţiilor cartei.

Jurisprudență

Dreptul constituțional național

50 results found

  • Sweden / Instrument of Government
    Țara:
    Sweden

    Chapter 2 - Fundamental rights and freedoms:

    Article 9 If a public authority other than a court of law has deprived an individual of his or her liberty on account of a criminal act or because he or she is suspected of having committed such an act, the individual shall be entitled to have the deprivation of liberty examined before a court of law without undue delay. This shall not, however, apply where the matter concerns the transfer to Sweden of responsibility for executing a penal sanction involving deprivation of liberty according to a sentence in another state. Also those who for reasons other than those specified in paragraph one, have been taken forcibly into custody, shall likewise be entitled to have the matter of custody examined before a court of law without undue delay (...) Also those who for reasons other than those specified in paragraph one, have been taken forcibly into custody, shall likewise be entitled to have the matter of custody examined before a court of law without undue delay. In such a case, examination before a tribunal shall be equated with examination before a court of law, provided the composition of the tribunal has been laid down in law and it is stipulated that the chair of the tribunal shall be currently, or shall have been previously, a permanent salaried judge (...);

    Article 10 No one may be sentenced to a penalty or penal sanction for an act which was not subject to a penal sanction at the time it was committed. Nor may anyone be sentenced to a penal sanction which is more severe than that which was in force when the act was committed. The provisions laid down here with respect to penal sanctions also apply to forfeiture and other special legal effects of crime (...);

    Article 11 No court of law may be established on account of an act already committed, or for a particular dispute or otherwise for a particular case. Legal proceedings shall be carried out fairly and within a reasonable period of time. Proceedings in courts of law shall be open to the public.

  • A Magyar Köztársaság Alkotmánya
    Țara:
    Hungary

    57 § (1) A Magyar Köztársaságban a bíróság előtt mindenki egyenlő, és mindenkinek joga van ahhoz, hogy az ellene emelt bármely vádat, vagy valamely perben a jogait és kötelességeit a törvény által felállított független és pártatlan bíróság igazságos és nyilvános tárgyaláson bírálja el.(…) (5) A Magyar Köztársaságban a törvényben meghatározottak szerint mindenki jogorvoslattal élhet az olyan bírósági, közigazgatási és más hatósági döntés ellen, amely a jogát vagy jogos érdekét sérti. A jogorvoslati jogot - a jogviták ésszerű időn belüli elbírálásának érdekében, azzal arányosan - a jelen lévő országgyűlési képviselők kétharmadának szavazatával elfogadott törvény korlátozhatja.70/K § Az alapvető jogok megsértése miatt keletkezett igények, továbbá a kötelességek teljesítésével kapcsolatban hozott állami döntések elleni kifogások bíróság előtt érvényesíthetők.

  • Basic Law for the Federal Republic of Germany
    Țara:
    Germany

    Article 19 (...) (4) Should any person’s rights be violated by public authority, he may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts. The second sentence of paragraph (2) of Article 10 shall not be affected by this paragraph. Article 97 (1) Judges shall be independent and subject only to the law. (...) Article 101 (1) Extraordinary courts shall not be allowed. No one may be removed from the jurisdiction of his lawful judge. (2) Courts for particular fields of law may be established only by a law. Article 103 (1) In the courts every person shall be entitled to a hearing in accordance with law. (2) An act may be punished only if it was defined by a law as a criminal offence before the act was committed. (3) No person may be punished for the same act more than once under the general criminal laws.

  • Bundes-Verfassungsgesetz (B-VG)
    Țara:
    Austria

    Artikel 83(2) Niemand darf seinem gesetzlichen Richter entzogen werden. Artikel 87(1) Die Richter sind in Ausübung ihres richterlichen Amtes unabhängig.(...) Article 90(1) Die Verhandlungen in Zivil- und Strafrechtssachen vor dem erkennenden Gericht sind mündlich und öffentlich. Ausnahmen bestimmt das Gesetz.

  • Constitution
    Țara:
    France

    Article 64 Le Président de la République est garant de l'indépendance de l'autorité judiciaire.(...) 

  • Constitution
    Țara:
    France

    Article 64 The President of the Republic shall be the guarantor of the independence of the
    Judicial Authority (...)

  • Constitution of Finland
    Țara:
    Finland

    Section 21 Protection under the law Everyone has the right to have his or her case dealt with appropriately and without undue delay by a legally competent court of law or other authority, as well as to have a decision pertaining to his or her rights or obligations reviewed by a court of law or other independent organ for the administration of justice. Provisions concerning the publicity of proceedings, the right to be heard, the right to receive a reasoned decision and the right of appeal, as well as the other guarantees of a fair trial and good governance shall be laid down by an Act.

  • Constitution of Ireland
    Țara:
    Ireland

    Article 34.1. Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.Article 38.1No person shall be tried on any criminal charge save in due course of law.

  • Constitution of Malta
    Țara:
    Malta

    Article 39(1) Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.(2) Any court or other adjudicating authority prescribed by law for the determination of the existence or the extent of civil rights or obligations shall be independent and impartial; and, where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the ease shall be given a fair hearing within a reasonable time.(3) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings relating to the determination of the existence or the extent of a person's civil rights or obligations before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public. (...)

  • Constitution of the Hellenic Republic
    Țara:
    Greece

    Article 8 No person shall be deprived of the judge assigned to him by law against his will. Judicial committees or extraordinary courts, under any name whatsoever, shall not be constituted. [...] .Article 20 (1) Every person shall be entitled to receive legal protection by the courts and may plead before them his views concerning his rights or interests, as specified by law. (2). The right of a person to a prior hearing also applies in any administrative action or measure adopted at the expense of his rights or interests. [...] .Article 87 (1). Justice shall be administered by courts composed of regular judges who shall enjoy functional and personal independence. (2). In the discharge of their duties, judges shall be subject only to the Constitution and the laws; in no case whatsoever shall they be obliged to comply with provisions enacted in violation of the Constitution. (3). Regular judges shall be inspected by judges of a superior rank, as well as by the Public Prosecutor and the Deputy Prosecutor of the Supreme Civil and Criminal Court; Public Prosecutors shall be inspected by the Supreme Civil and Criminal Court judges and Public Prosecutors of a superior rank, as specified by law [...] Article 97 (1). Felonies and political crimes shall be tried by mixed jury courts composed of ordinary judges and jurors, as specified by law. The judgments of these courts shall be subject to the legal remedies specified by law. (2). Felonies and political crimes which prior to the date of entry into force of this Constitution have, by constituent acts, parliamentary resolutions and special statutes, come under the jurisdiction of courts of appeal shall continue to be tried by the said courts, as long as a statute does not transfer them to the jurisdiction of mixed jury courts. Other felonies may be transferred to the jurisdiction of the same courts of appeal by statute. (3). Crimes of any degree committed through the press shall be under the jurisdiction of ordinary criminal courts, as specified by law. [...]

  • Constitution of the Italian Republic
    Țara:
    Italy

    Art. 24. Anyone may bring cases before a court of law in order to protect their rights under civil and administrative law. Defense is an inviolable right at every stage and instance of legal proceedings. The poor are entitled by law to proper means for action or defense in all courts. The law shall define the conditions and forms of reparation in case of judicial errors. Art. 25. No case may be removed from the court seized with it as established by law. No punishment may be inflicted except by virtue of a law in force at the time tehe offence was committed. No restriction may be placed on a person's liberty save for as provided by law. Art. 101. Justice is administered in the name of the people. Judges are subject only to the law. Art. 104. The Judiciary is a branch that is autonomous and independent of all other powers. (...) Art. 111. Jurisdiction is implemented through due process regulated by law. All court trials are conducted with adversary proceedings and the parties. are entitled to equal conditions before an impartial judge in third party position. The law provides for the reasonable duration of trials. In criminal law trials, the law provides that the alleged offender shall be
    promptly informed confidentially of the nature and reasons for the charges that are brought and shall have adequate time and conditions to prepare a
    defence. The defendant shall have the right to cross-examine or to have cross-examined before a judge the persons making accusations and to
    summon and examine persons for the defence in the same conditions as the prosecution, as well as the right to produce all other evidence in favour of
    the defence. The defendant is entitled to the assistance of an interpreter in the case that he or she does not speak or understand the language in which
    the court proceedings are conducted. In criminal law proceedings, the formation of evidence is based on the principle of adversary hearings. The guilt of the defendant cannot be established on the basis of statements by persons who, out of their own free choice, have always voluntarily avoided undergoing cross-examination by
    the defendant or the defence counsel. The law regulates the cases in which the formation of evidence does not occur in an adversary proceeding with the consent of the defendant or owing to reasons of ascertained objective impossibility or proven illicit conduct. All judicial decisions shall include a statement of reasons. Appeals to the Court of Cassation in cases of violations of the law are always allowed against sentences and against measures affecting personal freedom pronounced by ordinary and special courts. This rule can only be waived in cases of sentences by military tribunals in time of war. Appeals to the Court of Cassation against decisions of the Council of State
    and the Court of Accounts are permitted only for reasons of jurisdiction. Art. 112. The public prosecutor has the obligation to institute criminal proceedings. Art. 113. The judicial safeguarding of rights and legitimate interests before the bodies of ordinary or administrative justice is always permitted against acts of the public administration. Such judicial protection may not be excluded or limited to particular kinds of appeal or for particular categories of acts. The law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for by the law itself.

  • Constitution of the Republic of Austria
    Țara:
    Austria

    Article 83(2) No one may be deprived of his lawful judge. Article 87(1) Judges are independent in the exercise of their judicial office.(...) Article 90(1) Hearings in civil and criminal cases are oral and public. Exceptions are regulated by law.

  • Constitution of the Republic of Bulgaria
    Țara:
    Bulgaria

    Art. 30 [...] (4) Everyone shall be entitled to legal counsel from the moment of detention or from the moment of being charged.(5) Everyone shall be entitled to meet his legal counsel in private. The confidentiality of such communication shall be inviolable. Art. 31(1) Anyone charged with a crime shall be brought before a court within the time established by law. [...] (4) The rights of a defendant shall not be restricted beyond what is necessary for the purposes of a fair trial. Art. 45.
    All citizens shall have the right to lodge complaints, proposals and petitions with the state authorities.
    Art. 56Everyone shall have the right to legal defence whenever his rights or legitimate interests are violated or endangered. He shall have the right to be accompanied by legal counsel when appearing before an agency of the State. Art. 117.
    (1) The judiciary shall protect the rights and legitimate interests of all citizens, legal entities and the State. [...] Art. 120.
    (1) The courts shall supervise the legality of the acts and actions of the administrative bodies.
    (2) Citizens and legal entities shall be free to challange any administrative act which affects them, except those listed expressly by the laws. Art. 122(1) Citizens and legal entities shall have the right to legal counsel at all stages of a trial.(2) The procedure by which the right to legal counsel shall be practiced shall be established by law.

  • Constitution of the Republic of Croatia
    Țara:
    Croatia

    Article 18
    The right to appeal against individual legal decisions made in first-instance proceedings by courts or other authorized bodies shall be guaranteed.
    By way of exception, the right to appeal may be denied in cases specified by law if other legal protections are ensured.

    Article 26
    All citizens of the Republic of Croatia and aliens shall be equal before the courts,
    governmental agencies and other bodies vested with pubic authority.

    Article 28
    Everyone is presumed innocent and may not be held guilty of a criminal offence until such
    guilt is proven by a binding court judgment.

    Article 29
    Everyone shall be entitled have his or her rights and obligations, or suspicion or accusation of
    a criminal offence decided upon fairly before a legally established, independent and impartial
    court within a reasonable period.
    In the case of suspicion or accusation of a criminal offence, the suspected, accused or indicted
    person shall be entitled:
    – to be informed in detail and in a language he/she understands, within the shortest possible
    term, of the nature and grounds for the charges against him/her and the evidence incriminating
    him/her,
    – to have adequate time and opportunity to prepare his/her defence,
    – to defence counsel and unrestricted communication therewith, and to be informed of this
    right,
    – to mount his/her own defence independently or with the assistance of a defence counsel of
    his/her own choice, and if he/she lacks the resources to engage such counsel, to have free
    counsel provided under the conditions specified by law,
    – to be present at his/her trial insofar as he/she is at the disposal of the court,
    – to interrogate or to arrange for interrogation of witnesses for the prosecution and to demand
    the attendance and questioning of defence witnesses under the same conditions which apply to
    witnesses for the prosecution,
    – to assistance by an interpreter free of charge insofar as he/she does not understand the
    language used in the court.
    An admission of guilt may not be coerced from a suspected, accused or indicted individual.
    Evidence obtained illegally may not be admitted in court proceedings.
    Criminal proceedings may only be initiated before the court at the request of an authorized
    prosecutor.

  • Constitution of the Republic of Estonia
    Țara:
    Estonia

    Article 15. Everyone whose rights and freedoms have been violated has the right of recourse to the courts. Everyone is entitled to petition the court that hears his or her case to declare unconstitutional any law, other legislative instrument, administrative decision or measure which is relevant in the case.
    The courts observe the Constitution and declare unconstitutional any law, other legislative instrument, administrative decision or measure which violates any rights or freedoms provided in the Constitution or which otherwise contravenes the Constitution.
    Article 24. No one may be transferred, against his or her free will, from the jurisdiction of a court specified by law to the jurisdiction of another court.
    Everyone is entitled to attend any hearing held by a court in his or her case.
    Court hearings are public. The court may, in the cases and pursuant to a procedure provided by law, order a hearing or a part thereof to be held in camera to protect a state secret or a trade secret, public morality or the private and family life of individuals, or where the interests of a minor, a victim, or the administration of justice so require.
    Judgments are pronounced publicly, except in cases where the interests of a minor, a spouse, or a victim require otherwise.
    In accordance with the procedure provided by law, everyone is entitled to appeal a judgment rendered in his or her case to a higher court.

  • Constitution of the Republic of Hungary
    Țara:
    Hungary

    Article 57(1) In the Republic of Hungary everyone is equal before the law and has the right to have the accusations brought against him, as well as his rights and duties in legal proceedings, judged in a just, public trial by an independent and impartial court established by law. (…) (5) In the Republic of Hungary everyone may seek legal remedy, in accordance with the provisions of the law, to judicial, administrative or other official decisions, which infringe on his rights or justified interests. A law passed by a majority of two-thirds of the votes of the Members of Parliament present may impose restrictions on the right to legal remedy in the interest of, and in proportion with, adjudication of legal disputes within a reasonable period of time.Article 70/KClaims arising from infringement on fundamental rights, and objections to the decisions of public authorities regarding the fulfilment of duties may be brought before a court of law.

  • Constitution of the Republic of Latvia
    Țara:
    Latvia

    92. Everyone has the right to defend his or her rights and lawful interests in a fair court. Everyone shall be presumed innocent until his or her guilt has been established in accordance with law. Everyone, where his or her rights are violated without basis, has a right to commensurate compensation. Everyone has a right to the assistance of counsel.

  • Constitution of the Republic of Lithuania
    Țara:
    Lithuania

    Article 20(...) No one may be arbitrarily detained or held arrested. No one may be deprived of his freedom otherwise than on the grounds and according to the procedures which have been established by law.A person detained in flagrante delicto must, within 48 hours, be brought before a court for the purpose of deciding, in the presence of the detainee, on the validity of the detention. If the court does not adopt a decision to arrest the person, the detainee shall be released immediately.Article 29All persons shall be equal before the law, the court, and other State institutions and officials.Article 30The person whose constitutional rights or freedoms are violated shall have the right to apply to court.Compensation for material and moral damage inflicted upon a person shall be established by law.Article 31(...) A person charged with the commission of a crime shall have the right to a public and fair hearing of his case by an independent and impartial court.Article 20. No one may be arbitrarily apprehended or detained. No one may be deprived of his liberty otherwise than on the grounds and according to the procedures established by law. A person apprehended in flagrante delicto must, within 48 hours, be brought before a court for the purpose of deciding, in the presence of this person, on the validity of the apprehension. If the court does not adopt a decision to detain the person, the apprehended person shall be released immediately.
    Article 30. A person whose constitutional rights or freedoms are violated shall have the right to apply to a court. Compensation for material and moral damage inflicted upon a person shall be established by law.
    Article 31. A person charged with committing a crime shall have the right to a public and fair hearing of his case by an independent and impartial court. A person suspected of committing a crime, as well as the accused, shall be guaranteed, from the moment of his apprehension or first interrogation, the right to defence, as well as the right to an advocate.
    Article 109. In the Republic of Lithuania, justice shall be administered only by courts. When administering justice, judges and courts shall be independent. When considering cases, judges shall obey only the law. Courts shall adopt decisions in the name of the Republic of Lithuania.

  • Constitution of the Republic of Poland
    Țara:
    Poland

    Article 451. Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court.2. Exceptions to the public nature of hearings may be made for reasons of morality, State security, public order or protection of the private life of a party, or other important private interest. Judgments shall be announced publicly.Article 771. Everyone shall have the right to compensation for any harm done to him by any action of an organ of public authority contrary to law.2. Statutes shall not bar the recourse by any person to the courts in pursuit of claims alleging infringement of freedoms or rights.

  • Constitution of the Republic of Poland
    Țara:
    Poland

    Article 45.1. Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court.2. Exceptions to the public nature of hearings may be made for reasons of morality, State security, public order or protection of the private life of a party, or other important private interest. Judgments shall be announced publicly.Article 77.1. Everyone shall have the right to compensation for any harm done to him by any action of an organ of public authority contrary to law.2. Statutes shall not bar the recourse by any person to the courts in pursuit of claims alleging infringement of freedoms or rights.

Legislația UE

35 results found

  • Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online

    Preamble 


    (20) It should be possible for the competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established to scrutinise the removal order issued by competent authorities of another Member State to determine whether it seriously or manifestly infringes this Regulation or the fundamental rights enshrined in the Charter. Both the content provider and the hosting service provider should have the right to request such scrutiny by the competent authority in the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established. Where such a request is made, that competent authority should adopt a decision on whether the removal order comprises such an infringement. Where that decision finds such an infringement, the removal order should cease to have legal effects. The scrutiny should be carried out swiftly so as to ensure that erroneously removed or disabled content is reinstated as soon as possible.


    (23) When putting in place specific measures, hosting service providers should ensure that users’ right to freedom of expression and information as well as the freedom and pluralism of the media as protected under the Charter are preserved. In addition to any requirement laid down in the law, including legislation on the protection of personal data, hosting service providers should act with due diligence and implement safeguards, where appropriate, including human oversight and verifications, to avoid any unintended or erroneous decision leading to the removal of or disabling of access to content that is not terrorist content.

    Article 1: Subject matter and scope

    1. This Regulation lays down uniform rules to address the misuse of hosting services for the dissemination to the public of terrorist content online, in particular on:

    (a) reasonable and proportionate duties of care to be applied by hosting service providers in order to address the dissemination to the public of terrorist content through their services and ensure, where necessary, the expeditious removal of or disabling of access to such content;

    (b) the measures to be put in place by Member States, in accordance with Union law and subject to suitable safeguards to protect fundamental rights, in particular the freedom of expression and information in an open and democratic society, in order to:

    (i) identify and ensure the expeditious removal of terrorist content by hosting service providers; and

    (ii) facilitate cooperation among the competent authorities of Member States, hosting service providers and, where appropriate, Europol.

    2. This Regulation applies to hosting service providers offering services in the Union, irrespective of their place of main establishment, insofar as they disseminate information to the public.

    3. Material disseminated to the public for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering terrorism, including material which represents an expression of polemic or controversial views in the course of public debate, shall not be considered to be terrorist content. An assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.

    4. This Regulation shall not have the effect of modifying the obligation to respect the rights, freedoms and principles referred to in Article 6 TEU and shall apply without prejudice to fundamental principles relating to freedom of expression and information, including freedom and pluralism of the media.

    5. This Regulation shall be without prejudice to Directives 2000/31/EC and 2010/13/EU. For audiovisual media services as defined in point (a) of Article 1(1) of Directive 2010/13/EU, Directive 2010/13/EU shall prevail.

    Article 4: Procedure for cross-borders removal orders 

    3.   The competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established may, on its own initiative, within 72 hours of receiving the copy of the removal order in accordance with paragraph 1, scrutinise the removal order to determine whether it seriously or manifestly infringes this Regulation or the fundamental rights and freedoms guaranteed by the Charter.

    Where it finds an infringement, it shall, within the same period, adopt a reasoned decision to that effect. 

  • Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

    Preamble

    (31) Member States should be able to derogate temporarily from the obligation to provide assistance by a lawyer in the pre-trial phase for compelling reasons, namely where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person, or where immediate action by the investigating authorities is imperative to prevent substantial jeopardy to criminal proceedings in relation to a serious criminal offence, inter alia, with a view to obtaining information concerning the alleged co-perpetrators of a serious criminal offence, or in order to avoid the loss of important evidence regarding a serious criminal offence. During a temporary derogation for one of those compelling reasons, the competent authorities should be able to question children without the lawyer being present, provided that they have been informed of their right to remain silent and can exercise that right, and that such questioning does not prejudice the rights of the defence, including the right not to incriminate oneself. It should be possible to carry out questioning, to the extent necessary, for the sole purpose of obtaining information that is essential to avert serious adverse consequences for the life, liberty or physical integrity of a person, or to prevent substantial jeopardy to criminal proceedings. Any abuse of this temporary derogation would, in principle, irretrievably prejudice the rights of the defence.‘
     

    (33) Confidentiality of communication between children and their lawyer is key to ensuring the effective exercise of the rights of the defence and is an essential part of the right to a fair trial. Member States should therefore respect the confidentiality of meetings and other forms of communication between the lawyer and the child in the context of the assistance by a lawyer provided for in this Directive, without derogation.

    (35) Children who are suspects or accused persons in criminal proceedings should have the right to an individual assessment to identify their specific needs in terms of protection, education, training and social integration, to determine if and to what extent they would need special measures during the criminal proceedings, the extent of their criminal responsibility and the appropriateness of a particular penalty or educative measure.

    Article 3: Definitions
    For the purposes of this Directive the following definitions apply:
    (1) ‘child’ means a person below the age of 18;
    (2) ‘holder of parental responsibility’ means any person having parental responsibility over a child;  [...]
    With regard to point (1) of the first paragraph, where it is uncertain whether a person has reached the age of 18, that person shall be presumed to be a child.


    Article 4: Right to information
    1.   Member States shall ensure that when children are made aware that they are suspects or accused persons in criminal proceedings, they are informed promptly about their rights [...].


    Article 5 - Right of the child to have the holder of parental responsibility informed
    1.   Member States shall ensure that the holder of parental responsibility is provided, as soon as possible, with the information that the child has a right to receive in accordance with Article 4.

    Article 6: Assistance by a lawyer
    2.   Member States shall ensure that children are assisted by a lawyer in accordance with this Article in order to allow them to exercise the rights of the defence effectively.

     

     

    Article 10: Limitation of deprivation of liberty
    1.   Member States shall ensure that deprivation of liberty of a child at any stage of the proceedings is limited to the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, and of the particular circumstances of the case.
    2.   Member States shall ensure that deprivation of liberty, in particular detention, shall be imposed on children only as a measure of last resort. Member States shall ensure that any detention is based on a reasoned decision, subject to judicial review by a court. Such a decision shall also be subject to periodic review, at reasonable intervals of time, by a court, either ex officio or at the request of the child, of the child's lawyer, or of a judicial authority which is not a court. Without prejudice to judicial independence, Member States shall ensure that decisions to be taken pursuant to this paragraph are taken without undue delay. 
     

    Article 11: Alternative measures
    Member States shall ensure that, where possible, the competent authorities have recourse to measures alternative to detention (alternative measures).
     

    Article 12: Specific treatment in the case of deprivation of liberty
    1.   Member States shall ensure that children who are detained are held separately from adults, unless it is considered to be in the child's best interests not to do so.
    2.   Member States shall also ensure that children who are kept in police custody are held separately from adults, unless:
    (a) it is considered to be in the child's best interests not to do so; or
    (b) in exceptional circumstances, it is not possible in practice to do so, provided that children are held together with adults in a manner that is compatible with the child's best interests.
    3.   Without prejudice to paragraph 1, when a detained child reaches the age of 18, Member States shall provide for the possibility to continue to hold that person separately from other detained adults where warranted, taking into account the circumstances of the person concerned, provided that this is compatible with the best interests of children who are detained with that person.
    4.   Without prejudice to paragraph 1, and taking into account paragraph 3, children may be detained with young adults, unless this is contrary to the child's best interests.
    5.   When children are detained, Member States shall take appropriate measures to:
    (a) ensure and preserve their health and their physical and mental development;
    (b) ensure their right to education and training, including where the children have physical, sensory or learning disabilities;
    (c) ensure the effective and regular exercise of their right to family life;
    (d) ensure access to programmes that foster their development and their reintegration into society; and
    (e) ensure respect for their freedom of religion or belief.
    The measures taken pursuant to this paragraph shall be proportionate and appropriate to the duration of the detention.
    Points (a) and (e) of the first subparagraph shall also apply to situations of deprivation of liberty other than detention. The measures taken shall be proportionate and appropriate to such situations of deprivation of liberty.
    Points (b), (c), and (d) of the first subparagraph shall apply to situations of deprivation of liberty other than detention only to the extent that is appropriate and proportionate in the light of the nature and duration of such situations.
    6.   Member States shall endeavour to ensure that children who are deprived of liberty can meet with the holder of parental responsibility as soon as possible, where such a meeting is compatible with investigative and operational requirements. This paragraph shall be without prejudice to the nomination or designation of another appropriate adult pursuant to Article 5 or 15.
     

  • Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes

    [...]

    (73) This Regulation respects fundamental rights and observes the principles recognised in the Charter, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the principle of non-discrimination and the right to an effective remedy and to a fair trial. This Regulation should be applied by the courts and other competent authorities of the Member States in compliance with those rights and principles.

    [...]

  • Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences

    Preamble 


    (13) The respect for private and family life and the protection of natural persons regarding the processing of personal data are fundamental rights. In accordance with Article 7 and Article 8(1) of the Charter, everyone has the right to respect for their private and family life, home and communications and to the protection of personal data concerning them.

    (46) The principle of ne bis in idem is a fundamental principle of law in the Union, as recognised by the Charter and developed by the case law of the Court of Justice of the European Union. Where the issuing authority has grounds to believe that parallel criminal proceedings could be ongoing in another Member State, it should consult the authorities of that Member State in accordance with Council Framework Decision 2009/948/JHA . In any case, a European Production Order or a European Preservation Order is not to be issued where the issuing authority has grounds to believe that this would be contrary to the ne bis in idem principle.

    Article 1: Subject matter

    1. This Regulation lays down the rules under which an authority of a Member State, in criminal proceedings, may issue a European Production Order or a European Preservation Order and thereby order a service provider offering services in the Union and established in another Member State, or, if not established, represented by a legal representative in another Member State, to produce or to preserve electronic evidence regardless of the location of the data. This Regulation is without prejudice to the powers of national authorities to address service providers established or represented on their territory for the purpose of ensuring that they comply with national measures similar to those referred to in the first subparagraph.

    2. The issuing of a European Production Order or of a European Preservation Order may also be requested by a suspect or an accused person, or by a lawyer on that person’s behalf within the framework of applicable defence rights in accordance with national criminal procedural law.

    3. This Regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in the Charter and in Article 6 TEU, and any obligations applicable to law enforcement authorities or judicial authorities in this respect shall remain unaffected. This Regulation applies without prejudice to fundamental principles, in particular the freedom of expression and information, including the freedom and pluralism of the media, respect for private and family life, the protection of personal data, as well as the right to effective judicial protection.

  • Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures

    Article 1

    Purpose

    This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.

  • Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law

    Article 1

    Purpose

    The purpose of this Directive is to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting breaches of Union law.

  • Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)

    Article 34: Risk assessment

    1. Providers of very large online platforms and of very large online search engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.

    They shall carry out the risk assessments by the date of application referred to in Article 33(6), second subparagraph, and at least once every year thereafter, and in any event prior to deploying functionalities that are likely to have a critical impact on the risks identified pursuant to this Article. This risk assessment shall be specific to their services and proportionate to the systemic risks, taking into consideration their severity and probability, and shall include the following systemic risks:

    [...]

    (b) any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity enshrined in Article 1 of the Charter, to respect for private and family life enshrined in Article 7 of the Charter, to the protection of personal data enshrined in Article 8 of the Charter, to freedom of expression and information, including the freedom and pluralism of the media, enshrined in Article 11 of the Charter, to non-discrimination enshrined in Article 21 of the Charter, to respect for the rights of the child enshrined in Article 24 of the Charter and to a high-level of consumer protection enshrined in Article 38 of the Charter;

  • Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings

    Preamble 

    (5) Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the ECHR) and Article 47 of the Charter of Fundamental Rights of the European Union (hereinafter the Charter) enshrine the right to a fair trial. Article 48(2) of the Charter guarantees respect for the right of defence. This Directive respects those rights and should be implemented accordingly.

    Article 1: Subject matter and scope

    1. This Directive lays down rules concerning the right to interpretation and translation in criminal proceedings and proceedings for the execution of a European arrest warrant.

    2. The right referred to in paragraph 1 shall apply to persons from the time that they are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether they have committed the offence, including, where applicable, sentencing and the resolution of any appeal.

    3. Where the law of a Member State provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed to such a court, this Directive shall apply only to the proceedings before that court following such an appeal.

    4. This Directive does not affect national law concerning the presence of legal counsel during any stage of the criminal proceedings, nor does it affect national law concerning the right of access of a suspected or accused person to documents in criminal proceedings.

  • Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings

    Preamble 

    (1) Article 47 of the Charter of Fundamental Rights of the  European Union (the Charter), Article 6 of the European  Convention for the Protection of Human Rights and  Fundamental Freedoms (the ECHR) and Article 14 of the International Covenant on Civil and Political Rights (the ICCPR) enshrine the right to a fair trial. Article 48(2) of the Charter guarantees respect for the rights of the defence.


    (12) This Directive lays down minimum rules concerning the right of access to a lawyer in criminal proceedings and in proceedings for the execution of a European arrest warrant pursuant to Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (European arrest warrant proceedings) and the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty. In doing so, it promotes the application of the Charter, in particular Articles 4, 6, 7, 47 and 48 thereof, by building upon Articles 3, 5, 6 and 8 ECHR, as interpreted by the European Court of Human Rights, which, in its case-law, on an ongoing basis, sets standards on the right of access to a lawyer. That case-law provides, inter alia, that the fairness of proceedings requires that a suspect or accused person be able to obtain the whole range of services specifically associated with legal assistance. In that regard, the lawyers of suspects or accused persons should be able to secure without restriction, the fundamental aspects of the defence.

    (52) This Directive upholds the fundamental rights and principles recognised by the Charter, including the prohibition of torture and inhuman and 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, 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.

    Article 1: Subject matter

    This Directive lays down minimum rules concerning the rights of suspects and accused persons in criminal proceedings and of persons subject to proceedings pursuant to Framework Decision 2002/584/JHA (‘European arrest warrant proceedings’) to have access to a lawyer, to have a third party informed of the deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty.

    Article 11: Legal aid

    This Directive is without prejudice to national law in relation to legal aid, which shall apply in accordance with the Charter and the ECHR.

     
  • Regulation (EU) 2021/693 of the European Parliament and of the Council of 28 April 2021 establishing the Justice Programme and repealing Regulation (EU) No 1382/2013

    Article 1

    Subject matter

    This Regulation establishes the Justice Programme (the ‘Programme’) for the duration of the multiannual financial framework 2021-2027, as laid down in Regulation (EU, Euratom) 2020/2093.

    It lays down the objectives of the Programme, the budget for the period 2021–2027, the forms of Union funding and the rules for providing such funding.

Drept internațional

0 results found

Produse

  • Handbook / Guide / Manual
    19
    August
    2022
    Carta drepturilor fundamentale a Uniunii Europene (CDFUE) constituie Declarația UE a drepturilor. Aceasta are întotdeauna caracter obligatoriu pentru instituțiile UE și statele membre atunci când acționează în domeniul de aplicare al dreptului Uniunii. Nu este însă nici pe departe ușor să se aprecieze dacă o cauză concretă intră în domeniul de aplicare al dreptului Uniunii. Acesta este motivul pentru care este necesar să se asigure formarea practicienilor în domeniul dreptului și să se pună la dispoziția acestora materiale de formare ca să poată înțelege domeniul de aplicare al cartei, astfel cum este prevăzut la articolul 51. Acest manual pentru formatori își propune să ofere îndrumări privind atât organizarea, cât și implementarea unor astfel de ateliere de formare bazate pe o serie de studii de caz, care vor fi extinse în viitor.
  • Fundamental Rights Report
    8
    June
    2022
    Anul 2021 a adus atât progrese, cât și pași înapoi în ceea ce privește protecția drepturilor fundamentale. Raportul privind drepturile fundamentale 2022 al FRA analizează evoluțiile majore din domeniu, identificând atât realizările, cât și problemele îngrijorătoare rămase nesoluționate. Această publicație prezintă opiniile FRA în legătură cu principalele evoluții înregistrate în domeniile tematice vizate, precum și o sinteză a dovezilor care vin în sprijinul acestor opinii.
  • Report / Paper / Summary
    7
    July
    2021
    Italian version now available
    12 September 2022
    This report examines why victims do not report bias-motivated incidents and the barriers that they face when reporting incidents through national crime reporting systems. By mapping existing practices that have a bearing on the victim’s experiences when reporting bias-motivated violence and harassment, it aims to provide evidence to support national efforts to encourage and facilitate reporting – and ultimately assist Member States in delivering on their duties with regard to combating hate crime.
  • Report / Paper / Summary
    21
    January
    2021
    German language version now available
    26 January 2021
    Instituțiile naționale pentru apărarea drepturilor omului (INDO) reprezintă o parte vitală a sistemului de protecție a drepturilor omului existent la nivelul unei țări. Prin eforturile lor de sensibilizare, consiliere, monitorizare și responsabilizare a autorităților, aceste instituții au un rol central în depășirea marilor provocări legate de drepturile omului din zilele noastre, abordând atât preocupări persistente, precum cele referitoare la discriminare și inegalitate, cât și chestiuni noi, cum ar fi implicațiile inteligenței artificiale și ale pandemiei de COVID-19 asupra acestor drepturi.
  • Report / Paper / Summary
    3
    September
    2020
    Summary version now available
    21 January 2021
    National Human Rights Institutions (NHRIs) are a vital part of the country-level human rights protection system. This report, published 10 years after FRA’s first in-depth study on NHRIs, looks at such bodies in the EU, as well as the Republic of North Macedonia, the Republic of Serbia, and the United Kingdom of Great Britain and Northern Ireland. It explores relevant developments, challenges to their effectiveness and ways to maximise their impact.
  • Fundamental Rights Report
    11
    June
    2020
    Now available in all 24 official EU languages
    12 August 2020
    Anul 2019 a adus atât progrese, cât și pași înapoi în
    ceea ce privește protecția drepturilor fundamentale.
    Raportul privind drepturile fundamentale 2020 al FRA
    analizează evoluțiile majore din domeniu, identificând
    atât realizările, cât și problemele îngrijorătoare rămase
    nesoluționate. Această publicație prezintă opiniile FRA
    în legătură cu principalele evoluții înregistrate în
    domeniile tematice vizate, precum și o sinteză
    a dovezilor care vin în sprijinul acestor opinii. Astfel,
    raportul oferă o prezentare compactă, dar informativă
    a principalelor provocări legate de drepturile
    fundamentale cu care se confruntă UE și statele sale
    membre.
  • Periodic updates / Series
    21
    July
    2026
    This is the second bulletin in FRA’s new quarterly series monitoring the situation of migrants, asylum seekers and refugees. It covers key developments and ongoing concerns from 1 April to 30 June 2026.

    Following regular reporting on fundamental rights issues related to migration and asylum from 2015 to 2023, FRA resumed the series in 2026 under the EU's 2024 Asylum and Migration Management Regulation, ahead of the June 2026 implementation of the EU Migration and Asylum Pact. The first bulletin, published in April 2026, covered developments from 1 January 2025 to 31 March 2026.
  • In brief / Factsheet
    30
    June
    2026
    This factsheet examines case law on cross-border child abduction, meaning the unlawful removal of a child from one EU Member State to another. Jointly published by the European Court of Human Rights and the EU Agency for Fundamental Rights, it explains how courts handle issues where EU law and human rights law overlap. It highlights key court decisions from the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) to show how these two legal systems work together on issues of child abduction and prioritising the best interests of the child.
  • Handbook / Guide / Manual
    29
    June
    2026
    This guidance explains the role of a guardian assigned to a child during the screening and asylum procedure. It provides an overview of the different phases of the process and outlines a child’s legal rights throughout. The guidance includes topics such as lodging an application for international protection, preparing for the application interview and appealing against a negative decision. The European Union Agency for Asylum (EUAA) and the European Union Agency for Fundamental Rights (FRA) have developed a series of practical tools for guardians of unaccompanied children with international protection needs.
  • Report / Paper / Summary
    23
    June
    2026
    The publication is an excerpt from the full report: Places of care = places of safety? Violence against persons with disabilities in institutions. The report looks at the breadth and depth of violence and neglect faced by people with disabilities living in institutions. It includes key findings and calls for better protection, greater prevention of violence, and clear accountability. It urges the EU and its Member States to implement their obligations on equality and fundamental rights. It is available in English, German, Croatian, Italian, Latvian, Polish, Portuguese, Slovakian and Slovenian.