A new course for mutual trust in the AFSJ? Transnational ne bis in idem and the determination of the merits of the case in Kossowski
| DOI | 10.1177/2032284417711561 |
| Date | 01 June 2017 |
| Author | Angelo Marletta |
| Published date | 01 June 2017 |
| Subject Matter | Opinions |
Opinion
A new course for mutual trust
in the AFSJ? Transnational
ne bis in idem and the
determination of the merits
of the case in Kossowski
Angelo Marletta
University of Luxembourg, Luxembourg
Abstract
This article analyses the decision of the Court of Justice of the European Union in the Kossowski
case. In the judgement the Court, dealing with the application of the transnational ne bis in idem,
further elaborated on the concept of ‘‘final decision’’ under Article 54 of the Convention
Implementing the Schengen Agreement and specified the requirement of ‘‘merits of the case’’ in
regard to a pre-trial dismissal for lack of evidence. Starting from the Court’s argumentation, the
author reflects on the interactions between the security-related objectives of the Area of
Freedom, Security and Justice and the new ‘‘dialectical approach’’ to mutual trust inaugurated by
the Court.
Keywords
ne bis in idem, exceptions, pre-trial dismissal for lack of evidence, merits of the case, mutual trust
Introduction: Kossowski a missed opportunity?
On 20 June 2016, the Court of Justice of the European Union delivered its judgement in the
Kossowski case
1
on transnational ne bis in idem.
The judgement of the Court had been keenly awaited by those experts and scholars hoping for
clarification on the relationship between the different formulations of the principle contained in
Corresponding author:
Angelo Marletta, Faculty of Law, Economics and Finance, University of Luxembourg, Alzette, Luxembourg.
Email: angelo.marletta@uni.lu
1. CJEU, 29 June 2016, C-486/14, Kossowski.
New Journal of European Criminal Law
2017, Vol. 8(2) 108–115
ªThe Author(s) 2017
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DOI: 10.1177/2032284417711561
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