This document provides an overview of the case-law of the Court of Justice of the European Union (‘CJEU’) regarding the ne bis in idem principle in criminal matters under Article 50 of the Charter of Fundamental Rights of the European Union (‘Charter’) and Articles 54 to 58 of the Convention Implementing the Schengen Agreement (‘CISA’). Where relevant, reference is also made to the European Convention on Human Rights (‘ECHR’) and the case-law of the European Court of Human Rights (‘ECtHR’). The aim of this document is to provide guidance on the application of the ne bis in idem principle in a transnational context.
The 2020 edition of Eurojust overview on the case-law of the CJEU on the principle of ne bis in idem in criminal matters has been updated up to 15 March 2020. Compared to the previous edition, published in 2017, it contains five additional judgments, making for a total of 20 judgments between 2003 and 2020.