Volume 46 (2018) / Issue 10

J. Baron, E. Poelmann, 'Country note: The Principle of Ne Bis in Idem: On the Ropes, but Definitely Not Defeated' (2018) 46 Intertax, Issue 10, pp. 805–809

Abstract

In the A. and B. v. Norway case decided by the European Court of Human Rights (ECtHR) on 15 November 2016 (24130/11 and 29758/11), the principle of ne bis in idem suffered a significant blow. Via the Luca Menci (C-524/15), Garlsson Real Estate (C-537/16) and Di Puma (C-596/16 and C-597/16) cases, the European Court of Justice (ECJ) was confronted with a challenging decision: either stay with the path set out by the ECJ on 26 February 2013 in the Åkerberg Fransson case (C-617/10) or follow the ECtHR and thereby strike a knockout blow to the right that is guaranteed by the principle of ne bis in idem. In its judgments of 20 March 2018, the ECJ came up with a surprising solution.

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ISSN: 0165-2826
ID: TAXI2018086