Pupino (Police & judicial cooperation in criminal matters) [2005] EUECJ C-105/03 (16 June 2005)

Pupino (Police & judicial cooperation in criminal matters) [2005] EUECJ C-105/03 (16 June 2005)

Articles 2, 3 and 8(4) of Council Framework Decision 2001/220/JHA require that national courts must be able to authorise young children, who claim to have been victims of maltreatment, to give testimony under arrangements guaranteeing appropriate protection, such as outside the trial and before it takes place. National courts are required to interpret national law, as far as possible, in light of the wording and purpose of the Framework Decision.

Citation
[2005] EUECJ C-105/03
Parties
Defendant: Mrs Pupino; Prosecutor: Public Prosecutor's Office (Tribunale di Firenze)
Jurisdiction
European Union
Judgment Date
16 June 2005
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Enquiry in Criminal Proceedings
Outcome
Reference answered; national court must be able to authorise protective arrangements for child victims' testimony and interpret national law in conformity with the Framework Decision.
Legal Topics
Interpretation of Framework Decisions, Victims' Rights, Protection of Vulnerable Victims, Judicial Cooperation in Criminal Matters
European Union Law Criminal Procedure Interpretation of Framework Decisions Victims' Rights Protection of Vulnerable Victims Judicial Cooperation in Criminal Matters

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Mrs Pupino

Defendant

Public Prosecutor's Office (Tribunale di Firenze)

Prosecutor

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Enquiry in Criminal Proceedings

Legal Issues

  1. 1 Whether Articles 2, 3 and 8(4) of Council Framework Decision 2001/220/JHA require national courts to allow young children, alleged victims of maltreatment, to give testimony under protective arrangements before trial.
  2. 2 Whether national courts are obliged to interpret national law in conformity with framework decisions under Title VI of the Treaty on European Union.

Ratio Decidendi

Articles 2, 3 and 8(4) of Council Framework Decision 2001/220/JHA require that national courts must be able to authorise young children, who claim to have been victims of maltreatment, to give testimony under arrangements guaranteeing appropriate protection, such as outside the trial and before it takes place. National courts are required to interpret national law, as far as possible, in light of the wording and purpose of the Framework Decision.

Court Disposition

Reference answered; national court must be able to authorise protective arrangements for child victims' testimony and interpret national law in conformity with the Framework Decision.

Orders

  • Articles 2, 3 and 8(4) of Council Framework Decision 2001/220/JHA must be interpreted as requiring national courts to authorise protective arrangements for young child victims' testimony, where appropriate.
  • National courts must interpret national law, as far as possible, in light of the wording and purpose of the Framework Decision.