In a setting of an integrated internal market and a common area of freedom, security and justice citizens and legal persons might expect equivalent human rights protection between the Member States of the EU and at the European level. They might also expect that this protection complies at least with the common binding standards of the European Convention on Human Rights (ECHR). Today, in the EU, do we have an equivalent transnational protection of ne bis idem that applies both in the vertical and horizontal dimension of European integration? Is the domestic regulation of ne bis in idem in each EU Member State or is the ne bis in idem principle enshrined in public international law (human rights law) able to offer this equivalent protection? Or do we need a proper transnational ne bis idem principle in the EU? If so, what are the modalities of this transnational principle in order to comply with equivalent protection for citizens and legal persons?
- Ne Bis In Idem: Towards a Transnational Constitutional Principle in the EU? door John A.E. Vervaele in Utrecht Law Review