The ne bis in idem principle in EU law : a conceptual and jurisprudential analysis

Abstract

Enhanced cooperation in police and judicial matters within the EU gives rise to instances in which several Member States are liable to prosecute the same subject in respect of the same act. Within the common judicial area that is developing in the EU, a uniform ‘European’ ne bis in idem rule is a necessary instrument for the regulation of transnational justice. However, several differently worded ne bis in idem provisions are found in a number of instruments which exist within the framework of the Council of Europe or within that of the EU. The differences between these provisions could lead to confusion and conflict, potentially jeopardizing the uniform application of the ne bis in idem principle in EU law. The purpose of this study is to further clarify the substance, scope and interpretation of ne bis in idem as a single, autonomous principle within the legal order of the EU, by way of a conceptual and jurisprudential analysis. Particular attention is given to those areas of Community and EU law in which the application of the ne bis in idem principle is of particular relevance: the law of the Third Pillar of the EU and EC competition law.