Case C-399/11 Melloni 
- Melloni was convicted in Italy for bankruptcy fraud, where he was tried in absentia (without his presence) and sentenced to 10 years in prison
- Many years later, he was apprehended by Spanish authorities, who sought to extradite Melloni to Italy, where he would be required to serve his sentence
- Melloni argued in front of the Spanish Constitutional Court that his right to a fair trial (in Italy) had been violated
- Should the Spanish Constitutional Court comply with EU law and extradite Melloni, violating its own national constitution in the process; or could the national constitution’s integrity be upheld?
- The Charter of Fundamental Rights of the European Union did not oppose trial in absentia
- The concept of a trial in absentia had been previously permitted by the European Court of Human Rights
- EU law is supreme over both national law and national constitutions
- The Spanish Constitutional Court changed the Spanish Constitution
- Advocate General Bot, in his opinion on this case, suggested that the Court of Justice’s attitude towards fundamental rights is based on an ‘EU way of life’
Posted in EU Law Revision Notes.
This page was last updated on 30th April 2015
© 2019 Webstroke Law - Terms