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

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.

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