Secret evidence and due process rights under EU law: ZZ

Publishers Abstract:

The reference in ZZ raised an important legal issue: The question whether the right to effective judicial protection laid down in Article 47 of the Charter of Fundamental Rights require that a Union citizen who is excluded from an EU Member State on grounds of public security, be informed at least of the essence of the grounds on which that decision was made required the Court to address the lawfulness of keeping secret the evidence and grounds for decisions restricting the citizenship rights of individuals.

Advocate General Bot held that non-disclosure even of the essence of the grounds could be justified, albeit in highly exceptional circumstances. The Court disagreed and held that the right to effective judicial protection under Article 47 of the Charter requires that the essence of the grounds must always be disclosed to the person concerned. The use of secret evidence in judicial proceedings may sometimes be necessary for reasons of State security.

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