Dr Ger Coffey Article Published in New Journal of European Criminal Law

Dr Ger Coffey's article titled "An interpretative analysis of the European ne bis in idem principle through the lens of ECHR, CFR and CISA provisions: Are three streams flowing in the same channel?” provides an interpretative analysis of the European ne bis in idem principle (procedural defence) and associated jurisprudence of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR) that aim to ensure consistency of approach by national legal systems notwithstanding the applicability of the margin of appreciation and the principle of subsidiarity.

The article concludes with an evaluation of the narrow same criminal offence criterion (idem crimen) commensurate with broader proscribed conduct (idem factum) criterion that is pivotal to the application of the procedural defence and evidently the most litigated aspect of the ne bis in idem principle. The main issue causing tensions between the different streams of case law seems to be the question of the combination of distinct types of proceedings (administrative and criminal), and there is a reciprocal influence of the two European courts on this issue.