Francesca Bailo

The bis in idem and the hard definition of the notion of «sanction» between the European Court of Human Rights (ECHR), the CJEU and the Constitutional Court

  • Abstract

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Keywords: sanction, ne bis in idem, Engel/Bonda criteria, «double track» sanctions, sufficiently close connection.

Although a certain interventionism of the Constitutional Court on the punishment’s treatment, it has taken on a mostly «formal» approach to the concept of sanction. However, such a self restraint seems to have found a different reason for weakening in the exogenous events that saw the two European Courts discuss the extent of the ne bis in idem principle, where, albeit according to different perspectives, a «substantial» approach was adopted instead. The present contribution aims, therefore, to investigate this particular phenomenon in order to verify what outcomes (both on the national side, and on the supranational and, more widely, international side) this trilateral dialogue has carried out.

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