Ne bis in idem and Multiple Sanctioning Systems: A Case Law Study of the European Court of Human Rights and the Court of Justice of the EU

The book aims to analyze the legality of multiple sanctioning systems under the ne bis in idem principle, considering the case law of various jurisdictions and addressing issues with the ECtHR and CJEU's approach. It proposes reconceptualizing the prohibitions and offers other protections against multiple sanctioning systems.

Format: Hardback
Length: 222 pages
Publication date: 24 January 2023
Publisher: Springer International Publishing AG

The aim of this book is to delve into the critical question of whether multiple sanctioning systems are compatible with the ne bis in idem principle under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. To achieve this, the book is structured into four parts.

The first part serves as a comparative study, examining the legality of multiple sanctioning systems in the context of ne bis in idem. It explores the evolution and current state of case law from various jurisdictions, including the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). This comparative analysis aims to shed light on the differing interpretations and applications of the ne bis in idem principle across different legal systems.

The second part of the book takes a critical approach, analyzing three key issues that arise in the case law of the ECtHR and the CJEU. These issues concern the application of the ne bis in idem principle, the disproportionate nature of sanctions, and the issue of multiple prosecutions. By critically examining these problems, the book seeks to identify gaps and inconsistencies in the existing legal framework and propose solutions to address them.

In the third part, the book proposes a reconceptualization of the prohibition of multiple punishment and the prohibition of multiple prosecutions. It examines the historical and philosophical underpinnings of these prohibitions and explores alternative approaches to ensure fairness and proportionality in the application of sanctions. The book argues that a nuanced understanding of these principles is necessary to prevent the abuse of power and ensure that individuals are not subjected to excessive or disproportionate punishment.

The fourth part of the book addresses other potential safeguards against multiple sanctioning systems. It explores alternative mechanisms, such as the right to be tried within a reasonable time, the prohibition of disproportionate sanctions, and the protection of procedural rights. By examining these additional safeguards, the book aims to provide a comprehensive framework for protecting individuals from the negative effects of multiple sanctioning systems.

In conclusion, this book aims to contribute to the ongoing debate on the compatibility of multiple sanctioning systems with the principles of ne bis in idem and fundamental rights. By providing a comprehensive analysis of the relevant legal frameworks, case law, and philosophical considerations, the book seeks to provide valuable insights and recommendations for policymakers, legal practitioners, and scholars interested in this critical area of law.

Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.

Weight: 518g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031165559
Edition number: 1st ed. 2023