par Weyembergh, Anne 
Référence Research Handbook on EU Criminal Law: Second Edition, Research Handbooks in European Law, Edward Elgar Publishing Ltd., page (162-183)
Publication Publié, 2024-01
Référence Research Handbook on EU Criminal Law: Second Edition, Research Handbooks in European Law, Edward Elgar Publishing Ltd., page (162-183)
Publication Publié, 2024-01
Partie d'ouvrage collectif
| Résumé : | The ne bis in idem principle or the prohibition of double jeopardy - which prohibits prosecuting and punishing the same person more than once for identical acts - is enshrined in numerous legal sources at national, regional and international level. This contribution focuses on European sources and examines in particular the contribution of the CJEU in this area, while also analysing its limitations. With this in mind, the foundations and objectives of the ne bis in idem principle are examined, as well as its personal scope of application and the limits of idem and bis. The article concludes with an analysis of the condition of enforcement and the derogations to which the principle is subject. It is true that the case law of the CJEU is essential to the establishment of a European criminal justice area. However, in some respects it raises questions and does not make intervention by the EU legislature superfluous. |
