Spetsializirana prokuratura (Vices de forme de l'acte d'accusation) (Order) French Text [2021] EUECJ C-769/19_CO (14 January 2021)

Spetsializirana prokuratura (Vices de forme de l'acte d'accusation) (Order) French Text [2021] EUECJ C-769/19_CO (14 January 2021)

Article 6(1), (3), and (4) of Directive 2012/13/EU, Article 47(2) of the Charter, the principle of primacy of EU law, and the right to dignity do not preclude national legislation which, in the event of an indictment with formal defects, does not allow the prosecutor to correct those defects at the preliminary...

Source-derived case information.

Citation
[2021] EUECJ C-769/19_CO
Parties
Accused: UC; Accused: TD; Prosecutor: Spetsializirana prokuratura
Jurisdiction
European Union
Judgment Date
14 January 2021
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Order on Preliminary Reference (ecj, Tenth Chamber)
Outcome
Reference answered; national law not precluded by EU law in the circumstances described.
Legal Topics
Right to Information in Criminal Proceedings, Directive 2012/13/eu, Reasonable Time for Trial, Primacy of EU Law, Dignity of the Person
Criminal Procedure European Union Law Fundamental Rights Right to Information in Criminal Proceedings Directive 2012/13/eu Reasonable Time for Trial Primacy of EU Law Dignity of the Person

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Parties

UC

Accused

TD

Accused

Spetsializirana prokuratura

Prosecutor

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Order on Preliminary Reference (ecj, Tenth Chamber)

  1. 1 Whether national law requiring closure of judicial proceedings and remittal to prosecutor for new indictment, without allowing correction of defects at preliminary hearing, is compatible with Article 6 of Directive 2012/13/EU, Article 47(2) of the Charter, the principle of primacy of EU law, and the right to dignity.

Ratio Decidendi

Article 6(1), (3), and (4) of Directive 2012/13/EU, Article 47(2) of the Charter, the principle of primacy of EU law, and the right to dignity do not preclude national legislation which, in the event of an indictment with formal defects, does not allow the prosecutor to correct those defects at the preliminary hearing but requires the judge to close the proceedings and remit the case to the prosecutor for a new indictment, even if this causes procedural delay.

Court Disposition

Reference answered; national law not precluded by EU law in the circumstances described.

Orders

  • Article 6(1), (3), and (4) of Directive 2012/13/EU, Article 47(2) of the Charter, the principle of primacy of EU law, and the right to dignity do not preclude national legislation requiring closure of proceedings and remittal to the prosecutor for a new indictment in case of formal defects, without allowing...