THE MEANING OF "MANIFEST BREACH" OF THE RIGHT OF DEFENCE WITHIN THE AREA OF FREEDOM, SECURITY AND JUSTICE OF THE EUROPEAN UNION AND THE COMPARISON WITH THE PARAMETER "MANIFESTLY DEFICIENT PROTECTION" OF THE EUROPEAN COURT OF HUMAN RIGHTS

Within the framework of application of European Union Law by Member States, protection of the right of defence is faced up from two different approaches. One is given by the Court of Justice of the European Union while the second is given by the European Court of Human Rights. Specifically, both tribunals have dealt with protection of the right of defence in cases of mutual recognition of judgments given by a different Member State. However, while the European Court of Human Rights' grounds of analysis lies within the limits of the parameter "manifestly deficient protection", the Court of Justice of the European Union uses the parameter "manifest and disproportionate breach" of fundamental rights. This study has the intention of finding out whether both approaches are truly dissenting and whether some areas are devoid of protection due to this disparity.