Traduction de «Infringement an essential procedural requirement » (Anglais → Français) :

actions brought on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers

actions brought on grounds of lack of competence,infringement of an essential procedural requirement,infringement of this Treaty or of any rule of law relating to its application,or misuse of powers

action on grounds of infringement of an essential procedural requirement

Is a national law compatible with the obligation of a Member State to provide for the effective prosecution of criminal offences by customs officials if that law provides for criminal proceedings brought against customs officials — for participation in a conspiracy to commit corruption offences while performing their professional duties (accepting bribes for non-performance of customs inspections), and for specific bribery offences and concealment of bribes received — to be terminated, without the court having examined the charges brought, under the following conditions: (a) two years have elapsed since the accused was charged; (b) the accused has lodged a request for the pre-trial investigation to be concluded; (c) the court has given th ...[+++]e prosecutor a period of three months to conclude the pre-trial investigation; (d) during that period, the prosecutor has committed ‘infringements of essential procedural requirements’ (failure properly to notify a supplementary charge, failure to disclose the investigation file, contradictory indictment); (e) the court has given the prosecutor a further period of one month to remedy those ‘infringements of essential procedural requirements’; ([f]) the prosecutor has failed to remedy the ‘infringements of essential procedural requirements’ within that time-limit — albeit that the infringements committed within the first three-month period and the failure to remedy them within the subsequent one-month period are attributable both to the prosecutor (failure to remove contradictions in the indictment; failure to take real action for most of those periods) and also to the defence (breach of the duty to cooperate with respect to notification of the charge and inspection of the investigation file due to the hospitalisation of the accused and claims regarding the lawyers’ other professional commitments); ([g]) the accused has acquired a subjective right to the termination of the criminal proceedings on account of the failure to reme ...

If the answer to that question is in the negative, which part of the abovementioned legislation should the national court disapply in order to ensure that EU law is applied effectively: 2.1. termination of the criminal proceedings once the one-month period has expired; or 2.2. categorisation of the abovementioned defects as ‘infringements of essential procedural requirements’; or 2.3. protection of the subjective right arising under [(g)] if there is a possibility that that infringement may be remedied effectively in the court proceedings?

It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to their application, or misuse of powers.

2. The action may be brought on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the TFEU, infringement of this Regulation or of any rule of law relating to their application or misuse of power.