by Bas van Bockel
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.