AG HvJ EU: the EU Charter of Fundamental Rights does not prevent a person from being sanctioned in criminal proceedings for facts in respect of which a final penalty has already been imposed in administrative proceedings for the same conduct
/Conclusie van de advocaat generaal Cruz Villalón d.d. 12 juni 2012 in de zaak C-617/10, Åkerberg Fransson
In the view of Advocate General Cruz Villalón, the EU Charter of Fundamental Rights does not prevent a person from being sanctioned in criminal proceedings for facts in respect of which a final penalty has already been imposed in administrative proceedings for the same conduct.
Nonetheless, the principle of the prohibition of arbitrariness requires that account be taken of the prior existence of an administrative penalty for the purposes of mitigating the criminal penalty.
