The Ne Bis in Idem Principle in EU Law


The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. Although few would dispute its relevance to the regulation of transnational justice, there is as yet no universally accepted ne bis in idem rule or provision available at the international level, although it is to some extent recognized and respected in Europe, via Article 54 of the Convention on the Implementation of the Schengen Agreement (CISA; integrated into EU law by the Treaty of Amsterdam) and Article 4 of the 7th Protocol of the European Convention on Human Rights. The relevant case law of the ECJ and the ECtHR has implications for the systems of criminal and administrative law

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