Review article

The principle ne bis in idem in European criminal law - legal sources and case law of the European Court of Justice

Zoran Burić ; Faculty of law, University of Zagreb, Zagreb, Croatia

Abstract

The principle of ne bis in idem is recognized as a fundamental human right, both in national and international law. However, in both these legal dimensions, its application is limited to the national context. In the EU, for years now a transnational dimension of the principle has been developed. The author gives an overview of the legal sources of transnational ne bis in idem in European criminal law. This is followed by the analysis of jurisprudence of the European Court of Justice, which shows an interesting link between the first pillar and the third pillar of the EU law. The final part of the article gives an analysis of the compatibility of Croatian law with transnational European ne bis in idem.

Keywords

ne bis in idem; criminal law; European Union; Schengen Convention; European Court of Justice

Hrčak ID:

55002

URI

https://hrcak.srce.hr/55002

Publication date:

28.6.2010.

Article data in other languages: croatian german

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