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XC, YB, ZA (C‑234/17)

On October 24th 2018, the Court of Justice (Grand Chamber) delivered its judgment in case C‑234/17, on the interpretation of Article 4(3) TEU and the principles of equivalence and effectiveness. The national legislation laid down a remedy allowing criminal proceedings to be reheard in the event of infringement of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In this case, the Court found that there is no obligation to extend that procedure to cases of alleged infringement of the fundamental rights enshrined in EU law, in particular to infringements of the fundamental right guaranteed by Article 50 of the EU Charter of Fundamental Rights and Article 54 of the Convention implementing the Schengen Agreement.


Case Number C‑234/17

Name of the parties XC, YB, ZA

Date of the judgement 2018-10-24

Court Court of Justice (ECJ)

Link http://curia.europa.eu/juris/document/document.jsf?text=&docid=206981&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=281591

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