Ne bis in idem and Multiple Sanctioning Systems: A Case Law Study of the European Court of Human Rights and the Court of Justice of the EU

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Ne bis in idem and Multiple Sanctioning Systems: A Case Law Study of the European Court of Human Rights and the Court of Justice of the EU

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The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the Spanish Constitutional Court, the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.

Introduction

FIRST PART: INTERNATIONAL AND COMPARATIVE CASE LAW REGARDING THE LAWFULNESS OF MULTIPLE SANCTIONING SYSTEMS UNDER THE NE BIS IN IDEM

Case Law of the Supreme Court of the United States

Case Law of the Supreme Court of Canada

Case Law of the European Court of Human Rights

Case Law of the Court of Justice of the European Union

SECOND PART: CRITICAL ANALYSIS OF THE CASE LAW OF THE ECtHR AND THE CJEU REGARDING THE LAWFULNESS OF MULTIPLE SANCTIONING SYSTEMS UNDER THE NE BIS IN IDEM

Lawfulness of Multiple Sanctioning Systems under the Ne Bis in Idem: Four Different Approaches to Resolve the Same Problem

THIRD PART: RECONCEPTUALIZING THE PROHIBITION OF MULTIPLE PUNISHMENTS AND THE PROHIBITION OF MULTIPLE PROSECUTIONS

Understanding Multiple Sanctioning Systems: Models of Organisation

Overcoming the Dead End of the Thesis of the Criminal Nature

Reconceptualizing the Ne Bis in Idem

FOURTH PART: LOOKING BEYOND THE NE BIS IN IDEM: RECALLING THE PROHIBITION OF DISPROPORTIONATE SANCTIONS AND THE RIGHT TO BE TRIED WITHIN A REASONABLE TIME

Looking Beyond the Ne Bis in Idem

Final Remarks