Fair Trial, Due Process and Rights of Defence in the EU Legal Order

Abstract

The Chapter analyses the relation between Art. 47 of the Charter of Fundamental Rights of the European Union and the procedure before the Court of Justice of the European Union. The author critically examines the relevant normative and jurisprudential framework with a particular focus on fair trial and due process issues. The degree of compatibility with the relevant case law of the Strasbourg Court is assessed considering the Bosphorus precedent. Some final remarks pinpoint the added value of the Lisbon treaty in terms of procedural guarantees and judicial protection.