Synopses & Reviews
The legal principle of ne bis in idem restricts the possibility ofa defendant being prosecuted repeatedly on the basis of thesame offence, act, or facts. Although few would dispute itsrelevance to the regulation of transnational justice, there is asyet no universally accepted ne bis in idem rule or provisionavailable at the international level, although it is to someextent recognized and respected in Europe, via Article 54of the Convention on the Implementation of the SchengenAgreement (CISA; integrated into EU law by the Treaty ofAmsterdam) and Article 4 of the 7th Protocol of the EuropeanConvention on Human Rights. The relevant case law of theECJ and the ECtHR has implications for the systems of criminaland administrative law in European states, as well as for theinterpretation and application of the principle in some areasof EU law, such as competition law. This book analyses theseimportant implications, fulfilling a genuine need to assess theneed for - and the prospects of - a 'European' ne bis in idemprinciple.