Gloss to the Judgement of the Court of Justice of the European Union in Case C-524/15, Criminal Proceedings against Luca Menci

Anna Błachnio-Parzych

doi:10.31743/recl.11565

Abstract

This gloss discusses the position of the Court of Justice of the European Union taken in the judgment passed on 20 March 2018 in the case of Luca Menci (C-524/15) in reference to the restrictions of ne bis in idem principle. The main thesis of the Court concerned the admissibility of restrictions of ne bis in idem based on the principle of proportionality as a limitation clause and its accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis of the right not to be tried or punished twice in Article 4 Protocol 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms allows us to formulate opposite conclusions. The application of the balancing test as a limitation clause for ne bis in idem, finds no support in the case-law of the ECtHR too. According to the Author, the position taken in Menci infringes Article 52(3) of the Charter of Fundamental Rights, according to which the meaning and scope of the rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms shall be at least be the same.

Highlights

INTRODUCTIONThe Ne bis in idem principle is a right that protects a person from being tried or punished twice in criminal proceedings for the same act
The Ne bis in idem principle is a right that protects a person from being tried or punished twice in criminal proceedings for the same act1.GLOSS TO THE JUDGEMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN CASE C-524/15The main interest that lays behind the right is legal certainty2
This gloss discusses the position of the Court of Justice of the European Union taken in the judgment passed on 20 March 2018 in the case of Luca Menci (C-524/15) in reference to the restrictions of ne bis in idem principle

Summary

INTRODUCTION

The Ne bis in idem principle is a right that protects a person from being tried or punished twice in criminal proceedings for the same act. Within the European Union there are many different levels of possible cumulation of penal responsibility for the same act and, in consequence, many levels of the application of ne bis in idem They may be called as domestic (relating to different kinds of penal responsibility in the same Member State), transnational or horizontal (relating to the same kind of responsibility in different Member States), European or vertical levels (relating to responsibility before European Commission and national court or authority).. They may be called as domestic (relating to different kinds of penal responsibility in the same Member State), transnational or horizontal (relating to the same kind of responsibility in different Member States), European or vertical levels (relating to responsibility before European Commission and national court or authority).7 These are not all possible levels of cumulation, They may be called as domestic (relating to different kinds of penal responsibility in the same Member State), transnational or horizontal (relating to the same kind of responsibility in different Member States), European or vertical levels (relating to responsibility before European Commission and national court or authority). these are not all possible levels of cumulation,

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FACTUAL AND LEGAL BACKGROUND

JUDGEMENT OF THE COURT

COMMENT

Findings

CONCLUSIONS