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No One Shall Be Twice Tried For The Same Offence. Ne Bis In Idem

Author

Listed:
  • Lucian CHIRIAC

    (Professor PhD, Faculty of Economics, Law and Administrative Sciences, Petru Maior University of Tirgu Mures, ROMANIA.)

  • Ximena MOLDOVAN

    (Lawyer, PhD, Faculty of Economics, Law and Administrative Sciences, Petru Maior University of Tirgu Mures, ROMANIA.)

Abstract

The ne bis in idem principle finds its reflection not only in the criminal law, as we are quick to believe, but also in other branches of law such as administrative law, more precisely in the field of administrative legal liability. The approach to the subject is general, however it seeks to raise the interest in establishing a fair relationship between the national law and the law born out of the application of primary, secondary or complementary legislation that form the European law. Undoubtedly, the actuality of the subject is reflected in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, which is binding on the national law in what concerns its application.

Suggested Citation

  • Lucian CHIRIAC & Ximena MOLDOVAN, 2017. "No One Shall Be Twice Tried For The Same Offence. Ne Bis In Idem," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 69, pages 108-115, June.
    • Handle: RePEc:pmu:cjurid:v:69:y:2017:p:108-115
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj17/recjurid172_10F.pdf
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    More about this item

    Keywords

    ne bis in idem principle; criminal procedure; contraventional procedure;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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