Author: Tommaso Rafaraci and Rosanna Belfiore

Title: Judicial Protection of Individuals under the Third Pillar of the European Union

Abstract:

This paper deals with the issue of judicial protection of individuals as provided under Title VI of the European Union Treaty on judicial cooperation in criminal matters (the so-called “third pillar”). Actions and remedies provided in relation to third pillar measures are examined and compared with actions and remedies provided in relation to Community measures (referable to the so-called “first pillar”).
On account of the difference between the two pillars, this study questions whether some developments in judicial protection attained at jurisprudential level by the European Court of Justice in the context of the Community legal order can be equally applied to the context of judicial cooperation in criminal matters. Furthermore, this study aims at assessing if the difference in the system of judicial protection is justifiable and adequate in the light of “the Union’s objective... to provide citizens with a high level of safety, within an area of freedom, security and justice”. It is maintained that such difference has become untenable as it denies individuals both access to justice and effective judicial protection.

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