Prevenzione e soluzione dei conflitti di giurisdizione tra gli Stati membri, il ne bis in idem europeo. Commento

Translated title of the contribution: [Autom. eng. transl.] Prevention and resolution of conflicts of jurisdiction between Member States, the European ne bis in idem. Comment

Dino Guido Rinoldi, Nicoletta Parisi

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The contribution is part of a volume (edited by Damato, De Pasquale and Parisi) that raises in a rational way the most significant jurisprudence of the European Union and of the supreme national courts (with particular attention to the Italian ones) organized by themes pertaining to the law procedural and substantive European criminal law. The contribution evaluates the regulatory path taken within the EU to lay down rules in criminal matters with regard to preventing and resolving conflicts of jurisdiction, emphasizing how the first approach to the issue has been undertaken situating in the perspective of compliance with the ne bis in idem principle "International" (Convention of 25 May 1987 between the Member States of the European Communities concerning the application of the ne bis in idem principle, never entered into force, but was applied in relations between Austria, Belgium, Denmark, France, Germany, Ireland, Italy, the Netherlands and Portugal, Convention implementing the Schengen Agreement - CAAS, Article 54, Article 50 of the Charter on Fundamental Rights of the European Union, Framework Decision 2009/948 / JHA). The contribution indicates that a significant step forward in the European discipline for the resolution of jurisdiction conflicts in criminal matters seems to be able to be accomplished in relation to the need to protect the Union's own institutional legal asset (its budget) which, due to the its importance, it is worthy of protection precisely on the criminal level (we consider in this regard the proposal for a so-called PIF directive and the proposed regulation for the establishment of a European Public Prosecutor's Office).
Translated title of the contribution[Autom. eng. transl.] Prevention and resolution of conflicts of jurisdiction between Member States, the European ne bis in idem. Comment
Original languageItalian
Title of host publicationArgomenti di diritto penale europeo
EditorsANTONIETTA DAMATO, PATRIZIA DE PASQUALE, NICOLETTA PARISI
Pages104-109
Number of pages6
Publication statusPublished - 2014

Keywords

  • conflitti di giurisdizione
  • diritto penale europeo
  • ne bis in idem

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