JURISPRUDENCE ON THE 'NE BIS IN IDEM' PRINCIPLE OF ARTICLE 54 OF THE CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT (Orzeczenia uruchamiajace zakaz wynikajacy z zasady 'ne bis in idem' w art.54 Konwencji Wykonawczej z Schengen)
The Article 54 of the Convention implementing the Schengen Agreement of 19 June 1990 introduces the supra-national dimension of the 'ne bis in idem' principle. The Convention, as included on 1st of May 1999 into 'acquis communautaire' is binding for all the EU Member States and for Iceland, Norway and Switzerland. The limits of the 'ne bis in idem' rule are determined by two expressions: 'final judgment' and 'act'. The paper deals with 'final judgment'. It is unclear whether this notion encompasses only the judgments imposing the penalty and acquittals or it has broader meaning. Its interpretation is difficult due to lack of unified European criminal procedure and by variety of concepts of concluding (disposing of) the criminal proceedings. The ambiguity is even worse because of the differences in language versions of the Convention.
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