European Papers (Jan 2021)
Halcyon Days for the Right to Silence: AG Pikamäe's Opinion in Case DB v. Consob
Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1543-1554 | European Forum Insight of 14 January 2021 | (Table of Contents) The case DB v. Consob (judgement of 27 October 2020, case C-481/19), pending before the Court of Justice, deals with preliminary questions referred by the Italian Constitutional Court on the applicability and scope of a natu-ral person's right to remain silent during administrative proceedings which may lead to the imposition of sanc-tions of a criminal nature. The case at hand concerns proceedings before Consob in the context of an investiga-tion into infringements of insider trading and market manipulation law. This is not the first time the Court has been called upon to rule on proceedings before Consob and their compliance with the right to a fair trial. But this time, another aspect of due process, the right to silence and its corollary privilege against self-incrimination comes to the fore. The AG Pikamäe Opinion's (delivered on 27 October 2020) on added value can be summarised in the following point: The protection of the right to silence of natural persons under Art. 6 European Convention on Human Rights should be extended to their statements on facts that may have a bearing on the conviction or penalty imposed on them in administrative criminal proceedings. This Insight gives a brief account of the legal and factual background of the case, outlines the key legal considerations of the AG Opinion and proceeds with a critical reflection on some of the issues pointed out in the latter. | (Abstract) I. Introduction. - II. Legal and factual background. - II.1. European and Italian legal framework. - ii.2. Facts of the case. - III. Key legal considerations of the AG Opinion. - III.1. On the applicability of the right to silence in administrative proceedings which may lead to sanctions of criminal nature. - III.2. On the compliance of secondary EU law provisions with the right to silence. - III.3. On the scope of the right to silence under the Charter (Arts 47 and 48). - IV. Critical reflection by way of conclusion.
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