Autore: Capozzolo, Michela
Titolo: L’ordine pubblico processuale e la tutela dei diritti di difesa tra Corti europee e italiane
Periodico: Freedom, security & justice (Online)
Anno: 2022 - Fascicolo: 1 - Pagina iniziale: 40 - Pagina finale: 72

Procedural public order, which is intended to guarantee respect for the principles of procedure and the rights of the defence associated with a fair trial, is one of the limits that remain in place to prevent the effects, in the European judicial area, of a decision rendered in contempt of fundamental procedural guarantees. Some of the specific contents of procedural public policy identified by the Court of Justice have also been examined by the European Court of Human Rights, which has had to rule on the compatibility of the principle of mutual recognition with Article 6 ECHR. From the analysis carried out it emerges that both Courts maintain a restrictive approach to the exception of procedural public order, and the Strasbourg Court seems to have less occasion to intervene to guarantee the rights examined, since the European Union, also at the jurisdictional level, appears to be capable of autonomously guaranteeing the protection of rights inspired by fair trial. At the end of the work, the obligations that the interpretation provided by the Court of Justice imposes on national judges (in this case Italian) when invoking procedural public policy as a ground for refusing to recognise or enforce a foreign decision will be examined


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SICI: 2532-2079(2022)1<40:LPPELT>2.0.ZU;2-Z
Testo completo: http://www.fsjeurostudies.eu/files/FSJ.1.2022.3.CAPOZZOLO.pdf

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