Article 47 of the Charter of Fundamental Rights of the European Union, Article 8(2) of Directive 2012/13 and Article 12 of Directive 2013/48 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides for judicial proceedings authorising, on therapeutic and safety grounds, the committal to a psychiatric hospital of persons who, in a state of insanity, have committed acts representing a danger to society, where that legislation does not enable the court with jurisdiction to verify that the procedural rights covered by those directives were respected in proceedings prior to those before that court, which were not subject to such judicial review.
Għaldaqstant, tali investigazzjoni għandha titwettaq minn investigaturi kwalifikati taħt il-kontroll ta' korp jew entità indipendenti sabiex jiġi evitat kwalunkwe kunflitt ta' interessEuroParl2021 EuroParl2021