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Abstract: The 'ne bis in idem' rule is a general principle of criminal law and also an internationally acknowledged human right, according to which no one is to be prosecuted or punished twice for the same offence. The present paper highlights the interpretation and application of the principle in the context of the European Union acquis, including the relevant case law developed by the European Court of Justice. Thus, out of the multitude of aspects involving this principle, the paper will mainly touch upon the following pieces of legislation: Articles 54 to 58 of the Convention implementing the Schengen Agreement, Article 50 of the Charter of Fundamental Rights of the European Union, the Green Paper on Conflicts of Jurisdiction and the Principle of 'Ne Bis in Idem' in Criminal Proceedings as well as the Council Framework Decision 2009/948/JHA on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings.
Keywords: ne bis in idem, res judicata, human rights, European Union law, European Court of Justice.
1. INTRODUCTION
The sources of the ne (non) bis in idem principle can be traced back to Greek, Roman, and Biblical times (Conway, 2003:217-244). The substance of the principle is twofold, consisting, by and large, of the following aspects: 'nemo debet bis vexari pro una et eadem causa (no one should have to face more than one prosecution for the same offence) and nemo debet bis puniri pro uno delicto (no one should be punished twice for the same offence)' (Vervaele, 2005:100-118).
The aim of this principle is, as it has been affirmed (Chirita, 2007:430), to assure all parties involved in a finalised criminal trial that the situation shall not be placed again under discussion, thus safeguarding the security of legal relations in criminal matters.
The rationale of the ne bis in idem principle has in view not only the interest of the litigant, but also the general interest, since the ruling is invested with an indisputable authority (Renucci, 2009:527).
As it is outlined in the Opinion of Advocate General Ruiz-Jarabo Colomer, delivered on 8 June 2006, pertaining to the Van Straaten case (C-150/05) resolved by the Court of Justice of the European Union (ECJ), 'the ne bis in idem principle is a fundamental right of...