Book contents
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- 13 Mutual Recognition and Fundamental Rights in EU Criminal Law
- 14 The Right to Liberty and Security in EU Criminal Law
- 15 Defence Rights and Effective Remedies in EU Criminal Law*
- 16 Victims of Crime in the Area of Freedom, Security and Justice
- 17 The Principle of Legality in the Area of Freedom, Security and Justice
- 18 The Interpretation and Application of the Ne Bis In Idem Principle in the EU Area of Freedom, Security and Justice
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
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
Published online by Cambridge University Press: 06 August 2021
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- 13 Mutual Recognition and Fundamental Rights in EU Criminal Law
- 14 The Right to Liberty and Security in EU Criminal Law
- 15 Defence Rights and Effective Remedies in EU Criminal Law*
- 16 Victims of Crime in the Area of Freedom, Security and Justice
- 17 The Principle of Legality in the Area of Freedom, Security and Justice
- 18 The Interpretation and Application of the Ne Bis In Idem Principle in the EU Area of Freedom, Security and Justice
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
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.
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- Publisher: Cambridge University PressPrint publication year: 2021