2024 Update on Ne Bis In Idem Case Law
In February 2024, Eurojust published an updated edition of its overview of the CJEU case law on the ne bis in idem principle in criminal matters under Art. 50 of the Charter of Fundamental Rights of the European Union and Arts. 54 to 58 of the Convention Implementing the Schengen Agreement (CISA). Where relevant, reference is also made to the European Convention on Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR). The overview covers 37 judgements starting with the landmark ruling in Gözütok/Brügge of February 2003 and ending with the judgment in case C-58/22 (Parchetul de pe lângă Curtea de Apel Craiova) of 25 January 2024.
The update contains summaries of the CJEU’s judgments and sets out the territorial, temporal, and material scope of the principle. The last section is dedicated to the possible limitations to the ne bis in idem principle (the "enforcement condition", duplication of proceedings and penalties of a criminal nature, and state declarations under Art. 55 CISA).