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Recent Developments Concerning the Right to Silence and Privilege Against Self-Incrimination Under the Charter of Fundamental Rights of the EU – A Critical Reflection on Case C-481/19 DB v Consob

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In February 2021, the Grand Chamber of the Court of Justice gave its highly anticipated ruling in Case C-481/19 DB v Consob. In its judgement, the Court recognised that the natural person who risks self-incrimination has the right to remain silent during proceedings which can lead to the imposition of administrative penalties of a criminal nature. The Court of Justice did not adhere to its 'own' approach concerning the right to silence of undertakings in competition matters as established in Case C-374/87 Orkem v Commission, but aligned its judgement with the case-law of the European Court of Human Rights instead. Although Case C-481/19 DB v Consob constitutes an important ruling which provides much needed clarity on scope of the right to silence of natural persons under the Charter, some important aspects of the right to silence and self-incrimination remain unaddressed and new questions surface.

Document Type: Research Article

Affiliations: Utrecht University

Publication date: April 1, 2022

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  • Review of European Administrative Law (REALaw) is a law review, published twice a year (online and in print), in the English language edited at the Department of Administrative Law and Public Administration of the University of Groningen and the Institute of Constitutional and Administrative Law and the Europa Instituut of Utrecht University. Review of European Administrative Law provides a forum for the discussion of issues in the development of European administrative law. The journal aims to cover all aspects of European administrative law, reflecting the role of the European Union, the role of domestic legal orders and their mutual relation and influence.
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