Download or read book The Ne Bis in Idem Principle in EU Law written by Bas van Bockel and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.
Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.
Download or read book Ne Bis in Idem in EU Law written by Bas Van Bockel and published by . This book was released on 19?? with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.
Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.
Download or read book Enforcement or no Enforcement written by Jana Seydel and published by GRIN Verlag. This book was released on 2011-07-04 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2011 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Leiden University (Europäisches Rechtsinstitut), language: English, abstract: This thesis looks at the EU ne bis in idem principle. In particular it examines if this principle that no one shall be held liable twice for the same act, contains an enforcement requirement. Because the ne bis in idem principle is codified in different sources of EU law which all have slightly different wordings, a (national) judge may be confronted with the difficult question as to what provision to apply in a given case. The author of this thesis has selected a judgment of a German Court that well illustrates this dilemma and which shows the relevance and topical interest of this problem, for which as yet no clear guidance has been provided by the European Court of Justice (ECJ). In this Boere case a German Court applied the ne bis in idem principle as laid down in Article 54 CISA and concluded that enforcement was an essential element of the ne bis in idem principle. The thesis introduces this case in a well-structured manner and critically reflects upon the judgment of the German Court. By taking this case a starting point, the author sets out clearly which underlying questions concerning the hierarchy between the different sources of EU law must be answered before a conclusion in a particular ne bis in idem case can be drawn. The author of this thesis argues that Article 54 CISA – as applied by the German Court in the Boere case – is incompatible with Article 50 EuCFR, a provision which does not contain an enforcement requirement. She thereby analyses the relation between these two source of law – the Schengen acquis and the EU Charter of Fundamental Rights – in a profound, refreshing and well-substantiated manner. Particularly the discussion of relevant ECJ case-law is good and comprehensive. The author subsequently assesses whether the incompatibility of Art 54 CISA with Art 50 EuCFR (with EU law in general) can be justified. Here again, she addresses a relatively new question. This thesis is well-researched and reasonably convincing. The author has persuasively shown that it would be desirable if the ECJ would give a ruling on the question.
Download or read book Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Download or read book Ne bis in idem and Multiple Sanctioning Systems written by Javier Ignacio Escobar Veas and published by Springer Nature. This book was released on 2023-01-23 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.
Download or read book The Ne Bis in Idem Principle in EU Law written by Willem Bastiaan van Bockel and published by . This book was released on 2009 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Fight Against Impunity in EU Law written by Luisa Marin and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Download or read book Case Law by the Court of Justice of the European Union on the Principle of Ne Bis in Idem in Criminal Matters written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This document provides an overview of the case-law of the Court of Justice of the European Union ('CJEU') regarding the ne bis in idem principle in criminal matters under Article 50 of the Charter of Fundamental Rights of the European Union ('Charter') and Articles 54 to 58 of the Convention Implementing the Schengen Agreement ('CISA'). Where relevant, reference is also made to the European Convention on Human Rights ('ECHR') and the case-law of the European Court of Human Rights ('ECtHR'). The aim of this document is to provide guidance on the application of the ne bis in idem principle in a transnational context. The 2020 edition of Eurojust overview on the case-law of the CJEU on the principle of ne bis in idem in criminal matters has been updated up to 15 March 2020. Compared to the previous edition, published in 2017, it contains five additional judgments, making for a total of 20 judgments between 2003 and 2020. The case-law overview contains summaries of the CJEU's judgments categorised according to a set of important keywords that reflect the main elements of the principle of ne bis in idem. A table of keywords and a chronological list of judgments is also provided at the beginning of the document. The updated version covers, inter alia, the following main topics. · Legal framework and relationship between the different provisions. · Temporal scope of application of the ne bis in idem principle. · Material scope of application of the ne bis in idem principle. This section specifically addresses the key elements of the criminal nature of the proceedings and penalties, the identity of the offender, the identity of the facts, and the final nature of the decision. · Limitations to the ne bis in idem principle. In this respect, besides the 'enforcement condition' under Article 55 of the CISA, the CJEU also recently addressed the duplication of criminal proceedings and penalties and administrative proceedings and penalties of a criminal nature. The index and summaries of judgments are not exhaustive and are only to be used for reference and as a supplementary tool for practitioners. They have been prepared by Eurojust and do not bind the CJEU. The summaries contain links to the full texts of the judgments of the CJEU, which can be found, in all EU official languages, on the CJEU's website.
Download or read book Case law by the Court of Justice of the European Union on the Principle of Ne Bis in Idem in Criminal Matters written by and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document provides an overview of the case-law of the Court of Justice of the European Union ('CJEU') regarding the ne bis in idem principle in criminal matters under Article 50 of the Charter of Fundamental Rights of the European Union ('Charter') and Articles 54 to 58 of the Convention Implementing the Schengen Agreement ('CISA'). Where relevant, reference is also made to the European Convention on Human Rights ('ECHR') and the case-law of the European Court of Human Rights ('ECtHR'). The aim of this document is to provide guidance on the application of the ne bis in idem principle in a transnational context. The case-law overview contains summaries of the CJEU's judgments categorised according to a set of important keywords that reflect the main elements of the principle of ne bis in idem. A table of keywords and a chronological list of judgments is also provided at the beginning of the document. The index and summaries of judgments are not exhaustive and are only to be used for reference and as a supplementary tool for practitioners. They have been prepared by Eurojust and do not bind the CJEU. The summaries contain links to the full texts of the judgments of the CJEU, which can be found, in all EU official languages, on the CJEU's website.
Download or read book The Application of the Ne Bis in Idem Principle in the Area of Implementation of Third Pillar Instruments written by and published by . This book was released on 2006 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ne bis in idem or 'double jeopardy' principle is at the heart of current EU debates concerning the phenomenon of multiple prosecutions for transnational crime. Individuals and companies are increasingly moving across EU borders not only for lawful but also unlawful purposes. Ne bis in idem, a well-established principle within national criminal justice systems, now also operates in this context to prevent persons being tried for the same offence in more than one jurisdiction. Ne bis in idem was first enshrined as a 'transnational human right' in the Schengen Convention of 1990; it has since been confirmed by the European Court of Justice (ECJ) as part of EU law. The note reviews ECJ case law and analyses the extent of legal protection afforded by EU law. It also discusses the operation of ne bis in idem under European Arrest Warrant proceedings. The Commission's recent Green Paper [COM (2005) 696 final] makes suggestions how to allocate jurisdiction in cases of conflict, proposing a mechanism which should reduce the exposure of persons to multiple prosecutions. Eurojust is already playing an important role in mediating between Member States who share jurisdiction; the Commission favours an expansion of its role. The approximation of ne bis in idem rules suffered a false start under the last Greek EU Presidency; the Commission is now also seeking views on whether these attempts should be revived. The note favours leaving the elaboration of ne bis in idem in its cross-border manifestation to the ECJ.
Download or read book Limitations of the Transnational Ne Bis in Idem Principle in EU Law written by Laura Neumann and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Citizenship Crime and Community in the European Union written by Stephen Coutts and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 20 years the European Union has been increasingly active in the area of criminal law. Meanwhile, the status of European Union citizenship has been progressively developed and strengthened. Adopting an expressive and communitarian perspective of the criminal law, this book considers EU criminal law in light of EU citizenship with a view to revealing the structure of the EU's political community as expressed in its criminal law. It argues that while national communities remain dominant, through transnational processes certain features of a supranational community can be said to emerge. The book will be of interest to scholars of EU citizenship, EU criminal law and EU law and integration more generally.
Download or read book Applying Ne Bis in Idem in the Aftermath of Bpost and Nordzucker written by Marco Cappai and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In bpost and Nordzucker the Grand Chamber of the European Court of Justice has finally arrived at a unified test for ne bis in idem, applicable to all areas of EU law. It rejected the antitrust-specific threefold condition of idem (same offender, same facts, and same protected legal interest) developed in Aalborg Portland and Toshiba, and focused solely on material acts, in line with Van Esbroek and Menci. The judgements are extremely timely given the increasing risks of overlapping decisions as a result of recent legislative initiatives undertaken at EU and national level targeting large online platforms. The paper maintains that, although bpost and Nordzucker are welcomed, some relevant issues remain unaddressed and may undermine the sound implementation of the ne bis in idem principle in the digital economy.
Download or read book The Principle of ne Bis in Idem in EU Competition Law written by Amélie Legein and published by . This book was released on 2016 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
