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Ne Bis in Idem in EU Law
This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.
The Ne Bis in Idem Principle in EU Law
The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.
Ne Bis in Idem in EU Law: Introduction. The 'European' ne bis in idem principle: substance, sources, and scope Bas van Bockel; 2. Ne bis in idem in the EU and ECHR legal orders: a matter of uniform interpretation? Xavier Groussot; 3. Ne bis in idem in the case law of the European Court of Justice Daniel Sarmiento; 4. Parallel proceedings in EU competition law: rethinking ne bis in idem as a limiting principle Renato Nazzini; 5. Ne bis in idem in tax offences in EU law and ECHR law Peter Wattel; 6. Conclusions Bas van Bockel
"Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrate the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. 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"--
Extradition Law
In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform. The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either. The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.
The Fight Against Impunity in EU Law
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of th...
Justice Without Borders
Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .
The Principle of ne bis in idem in International Criminal Law
The legal principle of ne bis in idem proclaims that no person shall be tried twice for the same matter. This principle is important in theory and practice, as it safeguards a fundamental individual interest and spares the accused the burden of a repeat trial. This book provides a comprehensive examination of the ne bis in idem principle in international criminal law. Readers will find a detailed account of ne bis in idem rules in the law and practice of the International Criminal Court and other international criminal courts. The book also examines international law ne bis in idem rules that govern the domestic prosecution of international crimes. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of International Criminal Law and International Human Rights law. It will be of particular use to those interested in defense rights, admissibility of cases before international criminal courts, and issues arising from prosecution of international crimes in multiple criminal jurisdictions.
Ne Bis in Idem in EU Law
This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.
Law, Solidarity and the Limits of Social Europe
This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
The Practice of Judicial Interaction in the Field of Fundamental Rights
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
