Ne Bis In Idem
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Ne Bis In Idem In Eu Law
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Author : Bas Van Bockel
language : en
Publisher:
Release Date : 19??
Ne Bis In Idem In Eu Law written by Bas Van Bockel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 19?? with Double jeopardy categories.
This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.
The Ne Bis In Idem Principle In Eu Law
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Author : Bas van Bockel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
The Ne Bis In Idem Principle In Eu Law written by Bas van Bockel and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.
Ne Bis In Idem In Eu Law
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Author : Bas van Bockel
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-21
Ne Bis In Idem In Eu Law written by Bas van Bockel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-21 with Law categories.
Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.
Ne Bis In Idem In Eu Law Introduction The European Ne Bis In Idem Principle Substance Sources And Scope Bas Van Bockel 2 Ne Bis In Idem In The Eu And Echr Legal Orders A Matter Of Uniform Interpretation Xavier Groussot 3 Ne Bis In Idem In The Case Law Of The European Court Of Justice Daniel Sarmiento 4 Parallel Proceedings In Eu Competition Law Rethinking Ne Bis In Idem As A Limiting Principle Renato Nazzini 5 Ne Bis In Idem In Tax Offences In Eu Law And Echr Law Peter Wattel 6 Conclusions Bas Van Bockel
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Author : Bas van Bockel
language : en
Publisher:
Release Date : 2016
Ne Bis In Idem In Eu Law Introduction The European Ne Bis In Idem Principle Substance Sources And Scope Bas Van Bockel 2 Ne Bis In Idem In The Eu And Echr Legal Orders A Matter Of Uniform Interpretation Xavier Groussot 3 Ne Bis In Idem In The Case Law Of The European Court Of Justice Daniel Sarmiento 4 Parallel Proceedings In Eu Competition Law Rethinking Ne Bis In Idem As A Limiting Principle Renato Nazzini 5 Ne Bis In Idem In Tax Offences In Eu Law And Echr Law Peter Wattel 6 Conclusions Bas Van Bockel written by Bas van Bockel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with LAW categories.
"Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrate the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law"--
The Principle Of Ne Bis In Idem In International Criminal Law
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Author : Gaiane Nuridzhanian
language : en
Publisher:
Release Date : 2024
The Principle Of Ne Bis In Idem In International Criminal Law written by Gaiane Nuridzhanian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Law categories.
"The legal principle of ne bis in idem proclaims that no person shall be tried twice for the same matter. This principle is important in theory and practice, as it safeguards a fundamental individual interest and spares the accused the burden of a repeat trial. This book provides a comprehensive examination of the ne bis in idem principle in international criminal law. Readers will find a detailed account of ne bis in idem rules in the law and practice of the International Criminal Court and other international criminal courts. The book also examines international law ne bis in idem rules that govern the domestic prosecution of international crimes. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of International Criminal Law and International Human Rights law. It will be of particular use to those interested in defense rights, admissibility of cases before international criminal courts, and issues arising from prosecution of international crimes in multiple criminal jurisdictions"--
Ne Bis In Idem In Eu Law
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Author : Bas van Bockel
language : en
Publisher: Cambridge University Press
Release Date : 2016-11-10
Ne Bis In Idem In Eu Law written by Bas van Bockel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.
Ne Bis In Idem And Multiple Sanctioning Systems
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Author : Javier Ignacio Escobar Veas
language : en
Publisher: Springer Nature
Release Date : 2023-01-23
Ne Bis In Idem And Multiple Sanctioning Systems written by Javier Ignacio Escobar Veas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-23 with Law categories.
The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.
The Practice Of Judicial Interaction In The Field Of Fundamental Rights
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Author : Casarosa, Federica
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-04
The Practice Of Judicial Interaction In The Field Of Fundamental Rights written by Casarosa, Federica and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-04 with Law categories.
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Enforcement Or No Enforcement
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Author : Jana Seydel
language : en
Publisher: GRIN Verlag
Release Date : 2011-07-04
Enforcement Or No Enforcement written by Jana Seydel and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-04 with Law categories.
Master's Thesis from the year 2011 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Leiden University (Europäisches Rechtsinstitut), language: English, abstract: This thesis looks at the EU ne bis in idem principle. In particular it examines if this principle that no one shall be held liable twice for the same act, contains an enforcement requirement. Because the ne bis in idem principle is codified in different sources of EU law which all have slightly different wordings, a (national) judge may be confronted with the difficult question as to what provision to apply in a given case. The author of this thesis has selected a judgment of a German Court that well illustrates this dilemma and which shows the relevance and topical interest of this problem, for which as yet no clear guidance has been provided by the European Court of Justice (ECJ). In this Boere case a German Court applied the ne bis in idem principle as laid down in Article 54 CISA and concluded that enforcement was an essential element of the ne bis in idem principle. The thesis introduces this case in a well-structured manner and critically reflects upon the judgment of the German Court. By taking this case a starting point, the author sets out clearly which underlying questions concerning the hierarchy between the different sources of EU law must be answered before a conclusion in a particular ne bis in idem case can be drawn. The author of this thesis argues that Article 54 CISA – as applied by the German Court in the Boere case – is incompatible with Article 50 EuCFR, a provision which does not contain an enforcement requirement. She thereby analyses the relation between these two source of law – the Schengen acquis and the EU Charter of Fundamental Rights – in a profound, refreshing and well-substantiated manner. Particularly the discussion of relevant ECJ case-law is good and comprehensive. The author subsequently assesses whether the incompatibility of Art 54 CISA with Art 50 EuCFR (with EU law in general) can be justified. Here again, she addresses a relatively new question. This thesis is well-researched and reasonably convincing. The author has persuasively shown that it would be desirable if the ECJ would give a ruling on the question.
The Oxford Handbook Of Criminal Process
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Author : Darryl K. Brown
language : en
Publisher: Oxford University Press
Release Date : 2019-02-22
The Oxford Handbook Of Criminal Process written by Darryl K. Brown and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-22 with Law categories.
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.