Ne Bis In Idem International Law

The case concerned an appeal against the administrative penalty imposed.

Ne bis in idem international law. It is a legal concept originating in roman civil law but it is essentially the equivalent of the double jeopardy autrefois acquit doctrine found in common law jurisdictions. Integrated into eu law by the treaty of. On march 20 2018 the grand chamber of the court of justice of the european union ruled that that the ne bis in idem principle an individual s right not be prosecuted or punished twice for the same offense may be restricted in order to protect eu financial interests and markets. Although few would dispute its relevance to the regulation of transnational justice there is as yet no universally accepted ne bis in idem rule or provision available at the international level although it is to some extent recognized and respected in europe via article 54 of the convention on the implementation of the schengen agreement cisa.

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. In this regard the most commonly argued objection to a recognition of the rule is the disparities of approach to it in different legal systems. To date the thrust of opinion among writers denies that the principle of ne bis in idem can be recognized either as a rule of custom or a general principle of international law. 1 the principle of ne bis in idem synonymously referred to as the prohibition of double jeopardy is almost universally included in the domestic laws of states.

It is also anchored in various international instruments see below paras 5 12. In its decision of 4 march 2014 grande stevens and others v italy 1 the european court of human rights had the chance to clarify some controversial issues regarding the application of the ne bis in idem principle embodied in article 4 of protocol no. 7 of the european convention on human rights. In contrast the effect o f an international ne bis in idem p rinciple would be to restri ct th e application of national criminal law where a previous trial has taken place abroad.

According to the press release in menci a case concerning an individual s failure to pay vat for a year. The ne bis in idem principle is a litmus test of fundamental rights protection in the eu. Literally translated ne bis in idem means not twice about the same.