NE BIS IN IDEM AND CONFLICTS OF JURISDICTION IN THE EUROPEAN AREA OF LIBERTY, SECURITY AND JUSTICE
-
Authors:
• Clara TRACOGNA, email: clara.tracogna@unipd.it; clara.tracogna@tin.it, Afiliation: PhD in Criminal Procedure (University of Padova), Assistent Lecturer (University of Udine), Attorney-at- Law -
Abstract:
The paper offers a survey on European Court of Justice preliminary ruling decisions on art.54 of the Convention Implementing the Schengen Agreement, which introduces the non bis in idem principle in the European Union area. After discussing which is the rationale of the non bis in idem principle, the study will focus on the meaning of idem factum and final decision, in order to understand which national decisions forbid a second trial in another Member State on the same fact towards the same person. The essay will then present the 2005 Commission Green Paper on ne bis in idem and conflicts of jurisdiction and the 2009/948/JHA Framework Decision on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings, that Member States are expected to implement before 15th June 2012.