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10 results

  • 18 - The Interpretation and Application of the Ne Bis In Idem Principle in the EU Area of Freedom, Security and Justice

  • from Part IV - Judicial Cooperation in Criminal Matters and Police Cooperation
  • Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
  • Book:
    Fundamental Rights in the EU Area of Freedom, Security and Justice
    Published online:
    06 August 2021
    Print publication:
    29 July 2021, pp 354-370

  • Summary

    The principle of ne bis in idem is a fundamental right that bars the possibility of a defendant being prosecuted more than once on the basis of the same offence, act or facts. In view of the significance of the ne bis in idem principle for the AFSJ, this chapter offers an account of the sources and elements of that principle. The ne bis in idem principle in the AFSJ has seen spectacular developments over the past two decades. The Van Esbroeck/Zolotukhin line of case law represents a prime example of fruitful substantive judicial dialectics between the two European courts. The case law on the application of the principle to the interaction between administrative, criminal and tax law raises questions, however. The problem encountered here is perhaps not so much one of ne bis in idem, but of the fundamental relationship between criminal and (punitive) administrative law. The developments in the case law suggest that we may not find a clear answer to the question of how the ne bis in idem principle should be applied in the relation between criminal, administrative and tax law until we have a sufficiently clear notion of  the precise nature of that relationship.

Ne Bis in Idem in EU Law
  • Edited by Bas van Bockel
  • Published online:
    17 November 2016
    Print publication:
    10 November 2016
  • Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.