Ne Bis in Idem in EU Law

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 illustrates 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.

1. 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.

Bas van Bockel is senior lecturer of EU law at Universiteit Utrecht, The Netherlands, and honorary judge at the District Court at Amsterdam, Criminal Law Division. Amongst other things, he was formerly visiting professor of EU law at Universität des Saarlandes, Saarbrücken, Germany, lecturer of EU law at Universiteit Leiden, and Jean Monnet Fellow at the European University Institute, Florence. His main research interests lie in EU fundamental rights protection, competition law and EU criminal law.