Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.
Article 48 is the same as Article 6(2) and (3) of the ECHR.
In accordance with Article 52(3), this right has the same meaning and scope as the right guaranteed by the ECHR.
Source:
Official Journal of the European Union C 303/17 - 14.12.2007
Directive on access to a lawyer and to have a third party informed 2013/48/EU
Directive 2016/343 on the presumption of innocence
Directive on procedural safeguards for children 2016/800
Directive 2016/1919 on legal aid
Stefano Melloni v Ministerio Fiscal
Actiones - Handbook Module 7 Criminal Law
Applicability - Yes or no? Right to be heard in return proceedings
Case Study - Ensuring the Effectiveness of EU Law
Case Study - Access to a Lawyer