{"id":2275,"date":"2022-03-03T16:02:06","date_gmt":"2022-03-03T15:02:06","guid":{"rendered":"https:\/\/johan-callewaert.eu\/?p=2275"},"modified":"2022-03-03T16:02:08","modified_gmt":"2022-03-03T15:02:08","slug":"the-right-to-information-and-interpretation-in-criminal-proceedings-judgment-of-the-cjeu-in-the-case-of-is","status":"publish","type":"post","link":"https:\/\/johan-callewaert.eu\/fr\/the-right-to-information-and-interpretation-in-criminal-proceedings-judgment-of-the-cjeu-in-the-case-of-is\/","title":{"rendered":"The right to information and interpretation in criminal proceedings: judgment of the CJEU in the case of IS"},"content":{"rendered":"\n

In the case of IS<\/em> (C-564\/19, 23.11.2021), a Grand Chamber of the CJEU dealt with the preliminary ruling procedure under Article 267 TFEU and the rights and obligations flowing from that provision for the courts of the Member States. It also gave a detailed explanation of the requirements of Directive 2010\/64 on the right to interpretation and translation in criminal proceedings<\/strong> and Directive 2012\/13 on the right to information in criminal proceedings<\/strong>, which it interpreted in light of the Strasbourg case-law relating to these matters.<\/p>\n\n\n\n

The case in the main proceedings concerned criminal proceedings in absentia<\/em><\/strong> brought in Hungary against a Swedish national born in Turkey, who was prosecuted for an infringement of the Hungarian legislation on firearms and ammunition; this followed an investigation during which he had been questioned by the police in the presence of a Swedish-language interpreter, but without the assistance of a lawyer, even though this was the interview at which he was informed that he was suspected of having committed offences under that national legislation.<\/p>\n\n\n\n

On the issue of the rights of the accused, the CJEU first recalled that according to Article\u00a052(3) of the EU-Charter<\/strong>, in so far as that Charter contains rights which correspond to rights guaranteed by the European Convention on Human Rights, the meaning and scope of those rights must be the same as those laid down by that Convention. Consequently, the CJEU must ensure that its interpretation of Article\u00a048 of the Charter<\/strong> (presumption of innocence and rights of the defence) ensures a level of protection which does not disregard that guaranteed by Article\u00a06 of the Convention<\/strong> (fair trial), as interpreted by the European Court of Human Rights (\u00a7 101). Interestingly and in contrast with most of its previous rulings on this subject, the CJEU did not mention here the autonomy of EU law as a limitation on the effects of Article 52(3). Whether that is intended or not remains to be seen.<\/p>\n\n\n\n

On the issue of the interpretation and translation <\/strong>facilities offered to the accused, the CJEU ruled, with reference to the landmark judgment by the ECtHR in the case of Hermi v. Italy<\/a><\/em>, that Article\u00a05 of Directive 2010\/64 requires Member States to take concrete measures in order to ensure that the quality of the interpretation and translations provided is sufficient to enable the suspect or accused person to understand the accusation against him or her and in order that that interpretation can be reviewed by the national courts. <\/p>\n\n\n\n

With reference to Strasbourg case-law on the importance of proper information of an accused person<\/strong> for the fairness of his or her trial<\/strong> (Simeonovi v. Bulgaria<\/a><\/em>, P\u00e9lissier and Sassi v. France<\/a> and Sejdovic v. Italy<\/a>), the CJEU furthermore interpreted Article 2(5) of Directive 2010\/64 and Articles 4(5) and 6(1) of Directive 2012\/13, read in the light of Article 48(2) of the Charter (rights of the defence), as requiring that if the interpretation provided was not of a sufficient quality to enable the accused person to understand the reasons for his arrest and the accusations against him, this would preclude the criminal proceedings from being continued in absentia<\/em>.<\/p>\n\n\n\n

IS<\/a>Download PDF<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"

In the case of IS (C-564\/19, 23.11.2021), a Grand Chamber of the CJEU dealt with the preliminary ruling procedure under Article 267 TFEU and the rights and obligations flowing from that provision for the courts of the Member States. It also gave a detailed explanation of the requirements of Directive 2010\/64 on the right to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,19],"tags":[],"class_list":["post-2275","post","type-post","status-publish","format-standard","hentry","category-court-of-justice-of-the-eu","category-recent-case-law"],"translation":{"provider":"WPGlobus","version":"3.0.2","language":"fr","enabled_languages":["en","de","fr"],"languages":{"en":{"title":true,"content":true,"excerpt":false},"de":{"title":false,"content":false,"excerpt":false},"fr":{"title":false,"content":false,"excerpt":false}}},"_links":{"self":[{"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/posts\/2275","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/comments?post=2275"}],"version-history":[{"count":2,"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/posts\/2275\/revisions"}],"predecessor-version":[{"id":2279,"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/posts\/2275\/revisions\/2279"}],"wp:attachment":[{"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/media?parent=2275"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/categories?post=2275"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/johan-callewaert.eu\/fr\/wp-json\/wp\/v2\/tags?post=2275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}