Type: Opinions of Advocate General

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 04/08/2008

Subject: The Court are asked again to rule about the interpretation of article 54 of the Convention implementing the Schengen Agreement, regarding ne bis in idem principle. The Advocate general suggested that the Court of Justice should interpret article 54 of the Convention in the sense that it is applicable also to the penality imposed by a definitive judgment which would not ever be enforced because of specifics procedural rules of the national system.

Parties: Bourquain

Classification: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

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Notices: Effectiveness of the Charter
Analysing ne bis in idem principle, the Advocate general called upon the Charter, affirming that the authomonous proclamation of this principle, contained in the Charter, clarified the system.