UDC 343.211(4-672EU)
Biblid: 1451-3188, 16 (2017)
Vol. 17, No 60, pp. 42-62

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970


Totić Mirza (Департман за правне науке Интернационалног универзитета у Новом Пазару, Нови Пазар), mirzatotic@yahoo.com
Ivanović Aleksandar R.

The aim of the paper is to present the principle of ne bis in idem, as a tenet on which national criminal law, the criminal law of the European Union (EU) and international criminal law postulate. Mentioned principle has an important role in the criminal law of all countries because it prevents any person to be tried twice for the same offense. That is why the professional theory and practice treat it as a leading human right and the reason why it occupies a very high place in a significant number of constitutions of modern states. The paper deals with creation of the principle, its contribution to the affirmation of cooperation between the Member States of the European Union (EU) and the impact on the modernization of legislation that have improved the content of European law (Charter of the European Union on the fundamental rights, Schengen Agreement, Convention implementing the Schengen Agreement-CISA, Freiburg proposal and Green Paper on conflict of jurisdiction), by which it has become known for. The special part of the paper presents an analyze of the development path of European criminal law, since criminal matters were not part of the competence of the legislation of the European Union (EU) in the first decades of its existence, as well as the interpretation of concrete cases from court practice. Interpretation of cases is actually a reference to requests made by individual Member States to the European Court of Justice (ECJ) for legal help, who provided it in a very effective way proving to be the best guarantee of protection of fundamental values on which the European Union (EU) is based on.

Keywords: European criminal law, ne bis in idem, Schengen Agreement, Green Paper, European Court of Justice