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- Bergström, Maria, et al.
(author)
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Ne bis in idem : – a continuing judicial dialogue
- 2022
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In: The Practice of Judicial Interactions in the Field of Fundamental Rights. - : Edward Elgar Publishing. - 9781800371217 - 978 1 80037 122 4 ; , s. 295-317
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Book chapter (other academic/artistic)abstract
- The principle of ne bis in idem is explicitly included in numerous international, regional and bilateral instruments. The interrelationship and parallel application of these legal instruments by a variety of courts may entail a number of legal challenges but also opportunities. In particular, introducing the EU Charter had an enormous impact on fundamental rights protection and the outcome of the well-known Åkerberg Fransson saga that eventually prohibited double proceedings and punishments with respect to value added tax. At the same time, judicial interaction between national and European courts played a significant role throughout this saga. While using the Åkerberg Fransson saga as a reference point and illustrative example, this chapter aims at analysing the judicial interaction involved in light of more recent developments before the European Court of Justice, CJEU, and the European Court of Human Rights, ECtHR. As a result of this analysis, we conclude that courts are instrumental not only in the settlement of individual disputes, but also in changing the legal system.
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