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

Abstract

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.