The “criminal matter” and its statute in internal and supranational jurisprudence

Issue 10/2019

Abstract. The paper focuses on the historical and current debate on the concept of “criminal matters” and on the guarantee status that internal and supranational judges are willing to recognize in proceedings aimed at the application of institutions related to this concept.

SUMMARY: 1. Introduction. – 2. The voice of the Courts. – 2.1. The ECHR. – 2.2. Court of Justice of the European Union. – 2.3. The constitutional Court. – 2.3.1. Judgment n. 102/2016. – 2.3.2. Judgment n. 43/2018. – 2.3.3. Judgment n. 223/2018. – 2.3.4. Judgment n. 63/2019. – 2.3.5. Judgment n. 112/2019. – 2.3.6. Order n. 117/2019. – 3. The Court of Cassation. – 4. The merit jurisprudence: an example. – 5. The notion of “criminal matter” in national jurisprudence. – 6. The case-law. – 6.1. What we discussed about … – 6.2. … and what has not been discussed. – 7. Conclusions.

To read the Reflection, click on “open file”.