Open Journal Systems

The right to a fair trial in the European Union: lights and shadows

Susana Galera Rodrigo


This article is focused on one of the rights provided by the article 47 of the Charter of Fundamental Rights of the European Union: the right of a fair trial. It is not a new contribution of the Charter but a guarantee which has been provided by the EU Law for decades, first appeared as procedural right, later recognized as a general principle of the EU and finally embodied in the Charter. This work reminds such process of recognition, paying special attention to the judicial remedies provided by the EU law and to some specific rules which affect the environment on the right of a fair trial is developed. The article concludes underlining, on one hand, the improvements on the right to a fair trial carried out by this legal process and, on the other hand, a few gaps on the issue which are neither recent nor consistent with the effectiveness and completeness of such right as it is required by the Rule of Law tradition.


right of a fair trial; access to the courts; judicial remedies; judicial independence; European Union

Texto completo:

PDF (English)


ALSTON, P. The European Union and human rights. Oxford: Oxford University Press, 1999.

ALTON, P.; WEILWE, J. H. H. An ‘Ever Closer Union’ in need of a Human Rights Policy: the EU and Human rights. Available at

BARBIER DE LA SERRE, Eric. Procedural justice in the European Community case law concerning the rights of the defence: essentialist and instrumental trends. European Public Law, vol. 12, n. 2, 2006, p. 225-250.

FRANCIONI, F. Access to justice as a human right. Oxford: Oxford University Press, 2007.

GALERA, S (Org.). Judicial Review: A comparative analysis inside the European Legal System. [s.l.]: Council of Europe publishing, 2010.

HARLOW, C. Global administrative law: the quest for principles and values. European Journal of International Law, n. 17, 2006.

JAQUÉ, J.P.; WEILER, J.H.H. On the road to European Union. A new judicial architecture: an agenda for the intergovernmental conference. Common Market Law Review, n. 27, 1990.

MORCILLO, J. Teoría y Práctica de las Cuestiones Prejudiciales en el ámbito del Derecho Administrativo. Madrid: La Ley, 2010.

NIETO, E.; MARTIN, I. European Administrative Law in the Constitutional Treaty. Oxford: Hart Publishing, 2007.

O’KEEFFE, D. Judicial Review in EU Law. [s.l.]: Kluwer Law International, 2000.



  • Não há apontamentos.