Unit:
Κατεύθυνση Δημόσιο ΔίκαιοLibrary of the School of Law
Author:
Mathioulaki Dafni
Supervisors info:
Παρασκευή Μουζουράκη, Επίκουρη Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Αικατερίνη Ηλιάδου, Επίκουρη Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Ανδρέας Τσουρουφλής, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Original Title:
Η αρχή ne bis in idem και ο «διάλογος» των δικαστηρίων
Translated title:
The ne bis in idem principle and the "dialogue" of the courts
Summary:
The purpose of this thesis is to present the conceptual content of the ne bis in idem principle under the ECHR and EU law but above all to highlight the "dialogue" developed between the ECtHR and the Council of State in time. The first part attempts to present the scope of the ne bis in idem principle in the light of the jurisprudence of the two European Courts, in particular the clarification of the autonomous concept of "criminal category" under the Article 6 § 1 of the ECHR, as it was determined by the Engel criteria, as well as the clarification of the corresponding terms "second prosecution or conviction" and "identity of offense" under the Article 4 par. 1 of the 7th PD of the ECHR, as interpreted by the case law of the ECtHR in particular. Subsequently, in the second part, is presented an overview of the application of the above principle by the national courts and the emergence of the "dialogue" between the Strasbourg Court and the Council of State, in order to give priority to the initial incompatibility of the decisions of the two Courts, in particular in cases of smuggling. The third part describes the reversal of national case law and the successful incorporation of ECtHR case law into the internal legal order through the presentation of recent case-law developments. Finally, in the conclusions, the writer is attempting to extract some useful suggestions.
Main subject category:
Law and Legislation
Other subject categories:
Public Law
Keywords:
ne bis in idem, dialogue of the courts, administrative fine for smuggling, criminal proceedings, multiple sanctions
