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

ISBN-13: 9783031165559 / Angielski / Twarda / 2023 / 222 str.

Javier Ignacio Escobar Veas

Opis

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 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.

Spis treści

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.

O autorze

Javier Ignacio Escobar Veas PhD in Legal Studies, Università Luigi Bocconi; LLM in Criminal Law and Criminal Procedure, Universidad Diego Portales; Professor of Criminal Law and Criminal Procedure, Universidad Austral de Chile. Javier's research is focused on comparative criminal law and criminal justice, civil and criminal sanctions, and human rights. He has been visiting researcher at the Universidad Autónoma de Madrid and the Max Planck Institute for the Study of Crime, Security and Law.