Is the ECJ revisiting the European ‘fifth amendment’?
/In DB v Consob, another important question was presented to the ECJ. Once again neither the Court, nor EU legislature had addressed the question of whether, regarding the case-law of the ECtHR concerning Article 6 ECHR, and Articles 47 and 48 of the Charter, required such right to be recognized in administrative proceedings which could lead to the imposition of ‘punitive’ penalties. Consequently, it was necessary to clarify whether those provisions allowed not sanctioning persons refusing to answer questions which might establish their liability for an offence punishable by criminal penalties, or by administrative penalties of a punitive nature.
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