Transnational law enforcement and the ne bis in idem principle

Article 50 of the Charter of Fundamental Rights contains the ne bis in idem principle. The extent to which that principle also applies to the relationships between Member States and the relationship between the Member States and European institutions is a well-known issue. One of the aspects over which there is uncertainty at this time is whether the ne bis in idem principle applies to punitive administrative sanctions or to combinations of criminal and administrative sanctions. It is submitted in this contribution that Article 50 CFR is indeed applicable to all punitive sanctions, regardless of whether the case involved administrative or criminal law, or application in a national or transnational context Transnational Law Enforcement in the European Union and the Ne Bis In Idem Principle.

Journal/Publisher: Review of European Administrative Law, 4(2)

Publication type: Article

Number of pages/Page range: 5-29

Language/s (content): English

Date of publication: 01-12-11

Personal data

Full name Michiel LUCHTMAN

Current occupation Contact Point

University/Institution Utrecht University

Address Boothstraat 6

Postal code 3512 BW

Country Netherlands

Telephone +31302537298

Email m.luchtman@uu.nl