European Court of Justice Rules on Ne Bis In Idem Principle in European Arrest Warrant Case

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Saturday, November 1, 2014
Author: 
Bruce Zagaris
Volume: 
30
Issue: 
11
Abstract: 

On May 27, 2014, the European Court of Justice in a preliminary ruling found that the ne bis in idem principle, applied in the context of the Convention Implementing the Schengen Agreement (CISA), did not prevent a German court from prosecuting Mr. Zoran Spasic, a Serbian national, even though he had been convicted of the crime in Italy, since he had not yet served his custodial sentence in the first conviction.