The contribution analyses some issues relating to the transposition into the Italian legal system of Directive 2012/13/EU on the right to information in criminal proceedings. The author firstly examines the contents of the supranational measure and, afterwards, performs a critical evaluation of the national law aimed at implementing the European defence rights (d. lgs. 1 July 2014, no. 101). Some inconsistencies between the Directive and national law provisions are then highlighted, underlining how the internal legislator, instead of protecting the effectiveness of the right to information, only ensures a formal fulfilment of the obligations deriving from EU law.
Awareness of One’s Own Rights and Knowledge of the Accusation: The Implementation of the Directive on the Right to Information in Italy
D. Negri
2019
Abstract
The contribution analyses some issues relating to the transposition into the Italian legal system of Directive 2012/13/EU on the right to information in criminal proceedings. The author firstly examines the contents of the supranational measure and, afterwards, performs a critical evaluation of the national law aimed at implementing the European defence rights (d. lgs. 1 July 2014, no. 101). Some inconsistencies between the Directive and national law provisions are then highlighted, underlining how the internal legislator, instead of protecting the effectiveness of the right to information, only ensures a formal fulfilment of the obligations deriving from EU law.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
