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Limitations of the Transnational ne bis in idem Principle in EU Law
oleh: Laura Neumann
Format: | Article |
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Diterbitkan: | Max Steinbeis Verfassungsblog GmbH 2023-03-01 |
Deskripsi
<p>No-one shall be tried or punished twice for the same offence. This principle is part of the fundamental law protection in the EU, but can be limited under certain conditions. In Case C-365/21, decided on 23 March 2023, the ECJ has confirmed the validity of an important limitation of the transnational ne bis in idem guarantee. Another case which arose in the context of the Diesel scandal involving German automobile producer Volkswagen and is still pending before the European Court of Justice gives the Court a new opportunity to set new standards regarding limitations of the ne bis in idem principle in cases involving different Member States and to strengthen this principle which is of great importance for the completion of a genuine area of freedom, security and justice.</p>