APPLICATION OF THE PRINCIPLE OF NE BIS IN IDEM IN CRIMINAL MATTERS IN THE EU

  • Ivan Ilic
  • Sasa Knezevic
  • Jelena Veselinovic

Abstract

The ne bis in idem principle is included in many national, European and


international legal instruments. This principle is part of the European


Union’s area of Freedom, Security and Justice. It is included in the main


EU legal sources, such as, Articles 54 to 58 of the Convention


Implementing the Schengen Agreement (“CISA”), and Article 50 of the


Charter of Fundamental Rights of the European Union (“Charter”). The


Court of Justice of EU in its case law (see inter alia Gözütok and Brügge,


Gasparini) has stated that the objective of the ne bis in idem principle is


to ensure that no one is prosecuted for the same acts in several Member


States on account of the fact that he exercises his right to freedom of


movement. The principle is also included in a large number of EU


instruments on judicial cooperation in criminal matters, including mutual


recognition instruments, such as, the Framework Decision 2002/584/JHA


on the European Arrest Warrant (“FD EAW”) and the Directive


2014/41/EU on the European investigation Order in criminal matters.


Moreover, the ne bis in idem principle is included in Article 4 of Protocol


7 to the European Convention on Human Rights. The authors analyze the


practice of the Court of Justice of the European Union, paralleling the


scope of the practice of the European Court of Human Rights. On the


basis of the achieved standards, which have been developed by the


practice of these courts, the authors see the implications for the


application of this principle in Serbian judicial practice.

Published
May 21, 2019
How to Cite
ILIC, Ivan; KNEZEVIC, Sasa; VESELINOVIC, Jelena. APPLICATION OF THE PRINCIPLE OF NE BIS IN IDEM IN CRIMINAL MATTERS IN THE EU. Proceedings of the International Scientific Conference "Social Changes in the Global World", [S.l.], v. 1, n. 5, p. 303-319, may 2019. Available at: <http://js.ugd.edu.mk/index.php/scgw/article/view/2938>. Date accessed: 15 aug. 2020.