Milev C-439/16: ECJ 27 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Directive 2016/343/EU – Articles 3 and 6 – Temporal application – Review by the courts of the remand in custody pending trial of an accused – National legislation prohibiting, during the trial stage of the proceedings, inquiry into whether there are reasonable grounds to suspect that the accused has committed an offence – Incompatibility with Article 5(1)(c) and (4) of the European Convention on Human Rights – Discretion left by the national case-law to the national courts to decide whether or not to apply that convention

ECLI:EU:C:2016:818, [2016] EUECJ C-439/16
Directive 2016/343/EU

Criminal Practice

Updated: 25 January 2022; Ref: scu.571253