The Ne Bis in Idem Principle in Recent European Practice with an Outlook on the Meeting Points of Different Branches of Law

Abstract

The ne bis in idem (prohibition of double prosecution, prohibition of double punishment, prohibition of double jeopardy), principle is included in many national, European and international legal instruments. In general, the objective of this principle is to ensure that no one is prosecuted or punished for the same act more than once. In this study, I examine the application of the ne bis in idem principle in the practice of the European Court of Human Rights and the Court of Justice of the European Union. In the jurisprudence of the European Court of Justice, the Lada case needs to be highlighted. The question referred to the Court of Justice in this case concerns the compatibility with the ne bis in idem principle of a procedure ‘for recognition of the validity’ in a Member State of a final decision taken in criminal proceedings brought in another Member State. Finally, I deal with the issue whether the ne bis in idem principle could be applied to sanctions in different branches of law (e.g. administrative law and criminal law).