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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2021

Title VI Justice

Title VI Justice

(p.2213) Title VI Justice
The EU Treaties and the Charter of Fundamental Rights

Tobias Lock

Oxford University Press

Title VI CFR lays down key procedural guarantees relating to the protection and enforcement of rights under Union law. Most of these guarantees can also be found in the ECHR and in the case law of the ECtHR. The Charter includes some innovations, however, such as a broader scope for the right to fair proceedings in Article 47(2) CFR, the right to legal aid in Article 47(3) CFR, and in the event of a change in law providing for a penalty, the right to have the more lenient penalty applied in Article 49(1) CFR. In addition, Article 50 CFR provides for the application of the rule against double jeopardy on a Union-wide basis.

Keywords:   jeopardy, ECtHR, presumption of innocence

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