ABSTRACT
This chapter discusses the impact of the principle of the right to defence on national fining proceedings. It considers this principle to be applicable in all types of such proceedings that fall within the scope of EU law, irrespective of whether a particular fine is of a criminal nature. This chapter proves that general principles of EU law supplement the narrower protection awarded by the Charter of Fundamental Rights. It also covers the issue of how EU fundamental rights and general principles of a procedural character influence national procedural rules. It does so by examining the limits of the principle of national procedural autonomy. It shows that even if there is no legislative harmonization of national procedural norms, these norms must be compatible with the standards set out in EU primary law. Hence, the effectiveness of EU general principles and fundamental rights limits the autonomy of the Member States.
