Dr. Ger Coffey
Tuesday, 19 December 2023

Dr Ger Coffey, School of Law, was delighted to present his research that examined the CJEU judgment in criminal proceedings against MR (Generalstaatsanwaltschaft Bamberg) C‑365/21 (delivered on 23 March 2023) at the 17th Annual International Conference on Global Studies: Special Session on International and European Law, Athens, 18-19 December 2023.

The CJEU determined the complex interrelated issues regarding Article 54 CISA interstate application of the ne bis in idem (double jeopardy) principle, Article 55(1)(b) CISA exceptions and limitations to the application of that principle, Article 50 of the Charter of Fundamental Rights of the European Union (CFR) interstate application of the principle, and Article 52(1) CFR exceptions and limitations to the application of that principle subject to the principle of proportionality.

The CJEU also examined the compatibility of national declarations not to be bound by the application of Article 54 CISA commensurate with Article 55(1)(b) CISA in the context of a criminal organisation and financial crime, offences against national security or other equally essential interests, and the compatibility of such declarations with Article 50 and Article 52 CFR.

The CJEU upheld the compatibility of such declarations with EU law.

The CJEU embarked on a detailed analysis of whether the requirements of Article 52(1) (scope of guaranteed rights) had been met and concluded that Article 55(1)(b) CISA was compatible with Article 50 CFR.

Therefore, states could bring a second prosecution for the same act/offence following a judgment in another state where the alleged act/offence threatens national security or equivalent interests such as organised crime.

The CJEU ruling is the first interpretation of exceptions and limitations to the application of the ne bis in idem principle under Articles 54 and 55(1)(b) CISA commensurate with Articles 50 and 52(1) CFR.

The paper examined the significance and implications of the judgment.