Criminal Cases Related to Slovak Citizens at the Court of Justice of the European Union

Libor Klimek,Eva Szabová,Simona Ferenčíková

doi:10.24040/sap.2021.8.4.268-302

Abstract

Criminal Cases Related to Slovak Citizens at the Court of Justice of the European Union

Highlights

The objective of the work is the assessment of case-law of the Court of Justice of the European Union as regards Slovak citizens within criminal cases
Article 325 of the Treaty on the Functioning of the European Union must be interpreted as not precluding provisions of national law, as interpreted in national case-law, under which, in criminal proceedings, the State may not claim compensation for damage caused to it by fraudulent conduct on the part of the accused person resulting in the misappropriation of funds from the budget of the European Union, and under which the State does not have, in those proceedings, any other type of action available to it by which it may assert its right as against the accused, provided that, which it is for the referring court to verify, the national legislation provides for effective proceedings for the recovery of assistance wrongly received from the budget of the European Union
Summary: Criminal Cases Related to Slovak Citizens before the Court of Justice of the European Union Slovak national criminal law has constantly been influenced by the European Union law

Summary

Introduction

In the pre-Lisbon era, i.e. until November 2009, the Court of Justice of the European Union shall have jurisdiction to give preliminary rulings on the validity and interpretation of framework decisions [...].1 The reference to the Court of Justice for a preliminary ruling shall be subjected to the condition that the national court considers that a decision on the question is necessary in order to enable it to give judgment. In the pre-Lisbon era, i.e. until November 2009, the Court of Justice of the European Union shall have jurisdiction to give preliminary rulings on the validity and interpretation of framework decisions [...].1. The reference to the Court of Justice for a preliminary ruling shall be subjected to the condition that the national court considers that a decision on the question is necessary in order to enable it to give judgment. In the Lisbon era, i.e. from December 2009, with respect to acts of the European Union in the field of judicial co-operation in criminal matters which have been adopted before the entry into force of the Treaty of Lisbon, the framework decisions (among others), the powers of the Court of Justice shall remain the same.[2].

Reference for a Preliminary Ruling

Consideration of the Question by the Court of Justice

Rulings

Opinion of Advocate General Bobek9

Consideration of the Questions by the Court of Justice

Developments Since the Request for a Preliminary Ruling Was Made