ECJ Eases Self-Incrimination Worries In Market Abuse Probes

Law360, London (February 16, 2021, 6:38 PM GMT) -- Europe's top court has made it easier for individuals under investigation for market abuse to remain silent in a landmark decision with broad implications for individuals facing regulatory action relating to conduct punishable by criminal sanctions.

In a ruling on due process rights, the European Court of Justice held in January that regulatory market abuse proceedings may lead to the imposition of punitive administrative sanctions of such severity that they are liable to be regarded as "criminal in nature."

As a result, the court said, the right to silence protects individuals who refuse to give answers that might incriminate themselves from...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!