ne bis in idem, final decision, same acts, judicial cooperation in criminal matters, European arrest warrant, territoriality principle, conflict of jurisdiction
Abstract
The ne bis in idem principle occupies a special place in the European legal landscape, essential to the proper functioning of the freedom, security and justice common space. Firstly, this paper contains a structured analysis of the elements bis and idem and the difficulties that may be encountered in their interpretation, in the way they were established in the Convention implementing the Schengen Agreement. Secondly, this paper aims to point out the main problems that may be faced by the Romanian judicial authorities during the practical application of this principle, in particular in the field of the European Arrest Warrant and transfer of proceedings in criminal matters. The central element of the analysis consists in presenting and, sometimes, criticizing the binding guidelines offered to the national courts by the Court of Justice of the European Union through its case-law, as well as identifying the solutions offered by the present judicial cooperation instruments.
