The Ne Bis in Idem Principle in the Interpretation of European Courts: Towards Uniform Interpretation (original) (raw)

Leiden Journal of International Law, 2012

Abstract

As a result of the extension of the jurisdiction of the Court of Justice of the European Union over the former third pillar (Police and Judicial Cooperation in CriminalMatters), several cases were referred to the Court for interpretation, inter alia, of the dispositions of the Schengen Convention dealingwith criminalmatters, especially the ne bis in idem principle. This principle was also addressed in the case law of the European Court ofHuman Rights, the Inter-American Court of Human Rights, and the Supreme Court of the United States. While addressing the problem at international level, this article focuses principally on the case law of the Court of Justice of the European Union and the European Court of Human Rights in the field of the ne bis in idem principle, concisely presenting the legal framework, findings of the Courts, and some conclusions on the interpretation of the principle. The study also analyses the absence of uniformity in interpretation and the use of different criteria in addressing identical situations by different courts, or even by the same court, concluding on a (seemingly) fortunate approximation in interpretation at European level.

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