Ne bis in idem as a General Principle of EU Law

Paris, 3 May 2012 – 4 May 2012

This conference will provide an in-depth analysis on the evolution of the principle of ne bis in idem in the jurisprudence of the two European Courts in Luxembourg and Strasbourg.

As a general principle of EU law, ne bis in idem has found its application in several types of cases brought before the Court of Justice of the EU, from civil service disciplinary actions to competition proceedings. This has generated several specific interpretations of the principle, with different criteria being applied in each area of law. This differentiated approach has been under scrutiny in the Toshiba case (C-17/10)., While the Advocate General argued that it is detrimental to the unity of the EU legal order and that the same criteria should apply in all areas of EU law, the Court emphasised in its judgment of 14 February 2012 that its interpretation applies only to competition cases and thus implicitly maintained the differentiated approach.

 The conference will examine the scope of ne bis in idem after Lisbon under Articles 50 of the Charter of Fundamental Rights and 54 of the Convention on the Implementation of the Schengen Agreement and will focus on its practical application in the area of freedom, security and justice.

Paris, 3 May 2012 – 4 May 2012


English, French

Key topics

Ne bis in idem as a general principle of EU law – recent evolutions in jurisprudence

Applicability of ne bis in idem in parallel administrative and criminal investigations in different member states or EU/national level

Use of ne bis in idem as grounds for refusal of mutual recognition instruments in the area of EU criminal justice

More info:

In italiano sul principio del ne bis in idem in ambito comunitario: (dal sito