The Principle of Ne Bis in Idem in Criminal Matters in the Case Law of the Court of Justice of the European Union (September 2017)

The Principle of Ne Bis in Idem in Criminal Matters in the Case Law of the Court of Justice of the European Union (September 2017)

The ne bis in idem principle is included in many national, European and international legal instruments. Within the European Union’s area of Freedom, Security and Justice, the main legal sources are Articles 54 to 58 of the Convention Implementing the Schengen Agreement and Article 50 of the Charter of Fundamental Rights of the European Union. In general, 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 (see infra Gözütok and Brügge, Gasparini).

The principle is also included as refusal ground 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 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.

This document provides an overview of the case law of the Court of Justice of the European Union regarding the ne bis in idem principle in criminal matters, and explains how this case law has helped shaping the scope and main features of the ne bis in idem principle in the EU legal order. It is aimed at providing guidance in the application of the ne bis in idem principle in a transnational context.

The table of contents and summaries of judgments have been prepared by Eurojust and do not bind the CJEU. They are not exhaustive and are meant to be used only for reference and as a supplementary tool for practitioners.

This document is updated until September 2017.

Document: The principle of Ne Bis in Idem in criminal matters in the case law of the Court of Justice of the EU (Sept. 2017)