Tag: ne bis in idem

Italian Supreme court annulls the non-recognition of the idem of an Italian conviction judgment in comparison to a Greek acquittal judgment: the notion of “same facts,” referred to by the…

Without examination on the merits of the extradition request from another EU member state, a decision to dismiss is irrelevant for ne bis in idem.

Framework Decision 2008/675/JHA on taking account of EU convictions does not imply automatic recognition of any foreign judgment of EU member states but makes legal effects of said judgments equivalent to those resulting from previous Italian national convictions in accordance with national law.

Copyrights violations sanctionend by an administrative fine cannot be punished twice (Engel criteria) with direct application of art 50 Charta. 

Tthe principle of ne bis in idem constitutes neither principle nor custom of international law, but, at most, a "tendential principle which inspires the international order today": but in the EU .. 

German dismissal of the case by the Prosecution grants an EU ne bis in idem effect and bans extradition to a third state. 

Italy's supreme Court of Cassation in december 2016 with ruling No. 54467/16 has blocked the extradition to Turkey of a drugs trafficker because Turkey violates human rights.

Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French…