Principle of Human Dignity versus equitable process

an analysis of the Judgment of the Court of Justice of the European Union in the a preliminary ruling n.º C-38/18

Abstract

In this comment, an analysis of an agreement made by the Court of Justice of the European Union (CJEU), in which the confrontation of fundamental rights is discussed, notably the principle of human dignity and the guarantee of a fair process. The question was referred to the CJEU by the Court of Bari (Italy), in reference for a preliminary ruling, which had as its object the interpretation of articles 16, 18 and 20, point b, of Directive 2012/29/EU 2012. In this scenario, initially an analysis is made regarding the discussion provided in the criminal action of number C-38/18, which is pending in the first instance of the Bari Court. In the sequence, the fundamental rights confronted in the case file are listed, an opportunity in which the rules set out in Directive 2012/29/EU 2012 are presented, which is dedicated exclusively to the protection of individuals, victims of crime and, on the other hand, the criminal rules provided for in the Italian Penal Code, which presents fundamental procedural guarantees. In addition, the interpretation given by the CJEU to the specific case will be indicated and, after all, it is concluded that, when considering the application of two fundamental rights, namely, that of guaranteeing the victim's dignity, in accordance with Directive 2012/29 and to respect the fair process, enshrined in Articles 47 and 48 of the Charter and in Article 6 of the ECHR, the Court presented a correct interpretation in accordance with the principles of proportionality and institutional balance, as well as the rights of the Union and those enshrined in it international treaties.