January 23
2022
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4th February 2021
Human Rights Internal Market Justice & Litigation

Op-Ed: “Consob – The Court of Justice on the right to remain silent in criminal matters (and beyond…)” by Giulia Lasagni

In what could already be considered a landmark case, the Grand Chamber has ruled for the first time on the scope of the privilege against self-incrimination with regard to criminal (punitive) matters in Consob (C-481/19).

Matching the expectations of fundamental rights lawyers, the Court built upon Strasbourg jurisprudence, establishing a high level of protection for one of the most crucial safeguards in punitive proceedings.

 

Specifics of the case

The decision stems from sanction-proceedings before the Italian Financial Market Supervisory Authority (Consob) for insider trading conduct.

The subject matter, formally administrative, had however been addressed in the recent past by several decisions of E

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