Judicial control in the system of mutual recognition – the ECJ’s Judgment in Mantello

With the advancement of integration in the Area of Freedom, Security and Justice based on mutual recognition it was foreseeable that in the absence of European legislation the ECJ would receive other preliminary questions on the interpretation of the ne bis in idem principle as contained in the various mutual recognition instruments. The Mantello case is the first reference for a preliminary ruling that concerns the ne bis in idem principle as a ground for non-recognition in the system of the European Arrrest
Warrant. The referring German court raised the question whether the concept of ne bis in idem as developed by the Court in the context of Art. 54 of the CISA does also apply to the EAW.

Journal/Publisher: KritV, 4/2010

Publication type: Article

Number of pages/Page range: 380-390

Language/s (content): English

Date of publication: 01-09-10

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Full name Katalin LIGETI

Current occupation Coordinator

University/Institution Université de Luxembourg

Address Campus Limpertsberg, av. de la Faiencerie 162a

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Email katalin.ligeti@uni.lu