After the entry into force of the Lisbon Treaty, the EU adopted five directives under art. 82 par. 2 TFEU on various aspects of the criminal process (others are currently being approved ). For the most part, they provide for numerous rules on procedure, containing guidelines on how certain acts, parts, or phases of criminal proceedings should be conducted. However, they barely, if ever, provide for procedural sanctions. The absence of legal consequences in case of procedural violations is rather unusual, and makes one wonder what is the real nature of these directives, and what might be their impact on national practices in the long run.
To Sanction (or not to Sanction) Procedural Flaws at EU Level? A Step forward in the Creation of an EU Criminal Process.
CAIANIELLO, MICHELE
2014
Abstract
After the entry into force of the Lisbon Treaty, the EU adopted five directives under art. 82 par. 2 TFEU on various aspects of the criminal process (others are currently being approved ). For the most part, they provide for numerous rules on procedure, containing guidelines on how certain acts, parts, or phases of criminal proceedings should be conducted. However, they barely, if ever, provide for procedural sanctions. The absence of legal consequences in case of procedural violations is rather unusual, and makes one wonder what is the real nature of these directives, and what might be their impact on national practices in the long run.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
