-
International bis in idem: when pan-European trust prevails on the territoriality of ius puniendi
14/02/2012 -
Fabio Maria Ferrari
Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The Author examines a decision of the Court of Milan in the matter of bis in idem much commented by the media which applied art of the EU Charter of Rights ...
-
06/07/2011 -
National Courts: Supreme Courts (Eire) - High Court
Classificazione: Freedoms - Art. 19 Extradition - Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The High Court in the matter of European arrest warrant which recalls the norms of the ECHR ...
-
06/07/2011 -
National Courts: Merit's Courts (Italy) - Tribunale di Milano
Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The decision in the matter of ne bis in idem applies art of the EU Charter of Rights ...
-
European arrest warrant, ne bis in idem and refusal of execution: it is the duty of the judicial authority, who has issued the warrant, to state that, in relation to the ‘same facts’, there is no ‘final decision’ (Court of Justice, decision 16.11.2010, C-261/09, Mantello)
08/03/2011 -
Daniele Cappuccio
Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The judicial authority of the Member State of execution is called to verify if the requested person has been finally judged on same acts by a Member State of the European Union The concept of ...
-
The European ne bis in idem
04/01/2011 -
Teresa Magno
Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The principle of ne bis in idem is a fundamental principle of law which bars prosecution trial and punishment repeatedly for the same offence Although it has long been regarded as an undisputed rule of ...
-
20/12/2010 -
National Courts: Supreme Courts (Italy) - Consiglio di Stato
Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The decision on the abuse of dominant position recalls the EU jurisprudence both with regard to the said abuse and to the matter of the ne bis in idem ...
-
Framework decision in the matter of prevention and resolution of jurisdictional conflicts within the E.U.
13/05/2010 -
Ersilia Calvanese , Gaetano De Amicis
Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The Authors examine the recent framework decision of in the matter of prevention and resolution of jurisdictional conflicts within the E U which aims at giving full application within the territory of the Union to ...
-
08/06/2009 -
National Courts: Supreme Courts (Lithuania) - Konstitucinis Teismas
Classificazione: Equality - Art. 20 Equality - Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing - Art. 48 Presumption of innocence - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The Konstitucinis Teismas has been called to judge several claims lodged against certain norms of the criminal code in the matter of responsibility of legal persons The Court also recalling Community law as well as ...
-
13/05/2009 -
National Courts: Supreme Courts (Italy) - Corte di Cassazione
Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The Court in the matter of European ne bis in idem recalls art of the Charter of Fundamental Rights of the E U which recognizes such principle ...
-
10/02/2009 -
European Authorities: European Court of human rights
Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
The Court analyses the notion of same fact with regard to the prohibition of the bis in idem provided by art of the Protocol n accepting the thesis that there can be identity of facts ...