Ne Bis in Idem in the Laws of Europe after Åkerberg-Fransson

On the 8th of November 2013, the Swedish Network for European Legal Studies will organize a seminar on the principle of Ne Bis in Idem in the laws of Europe at Lund University, Faculty of Law. This seminar takes its roots in two decisions of the Supreme Court of Sweden (Högsta domstolen) delivered on 11 June and 16 July 2013, which follow the seminal judgements of the European Court of Human Rights in Zolotukhin (2009) and of the European Court of Justice in Åkerberg-Fransson(2013). In this last case, the Haparanda tingsrätt asks the Court, in essence, whether the ne bis in idem principle laid down in Article 50 of the EU Charter of Fundamental Rights should be interpreted as precluding criminal proceedings for tax evasion from being brought against a defendant where a tax penalty has already been imposed upon him for the same acts of providing false information.

 

The aim of the seminar is to discuss the application of the principle of ne bis in idem after the rulings delivered this year. Particular attention will be given at the interaction between EU law, ECHR law and the Swedish national law. In fact, the Åkerberg-Fransson ruling of the ECJ has a strong impact not only on the Swedish national law per se but also arguably modifies the relationship between the national law and the European Convention of Human Rights. The objective of this seminar is also to look at the application of ne bis in idem both from a practical and theoretical point of view. To this end, two panels will discuss the central theme of this conference: a judge panel and an academic panel.

 

 

 

On the 8th of November 2013, the Swedish Network for European Legal Studies will organize a seminar on the principle of Ne Bis in Idem in the laws of Europe at Lund University, Faculty of Law. This seminar takes its roots in two decisions of the Supreme Court of Sweden (Högsta domstolen) delivered on 11 June and 16 July 2013, which follow the seminal judgements of the European Court of Human Rights in Zolotukhin (2009) and of the European Court of Justice in Åkerberg-Fransson(2013). In this last case, the Haparanda tingsrätt asks the Court, in essence, whether the ne bis in idem principle laid down in Article 50 of the EU Charter of Fundamental Rights should be interpreted as precluding criminal proceedings for tax evasion from being brought against a defendant where a tax penalty has already been imposed upon him for the same acts of providing false information.

 

The aim of the seminar is to discuss the application of the principle of ne bis in idem after the rulings delivered this year. Particular attention will be given at the interaction between EU law, ECHR law and the Swedish national law. In fact, the Åkerberg-Fransson ruling of the ECJ has a strong impact not only on the Swedish national law per se but also arguably modifies the relationship between the national law and the European Convention of Human Rights. The objective of this seminar is also to look at the application of ne bis in idem both from a practical and theoretical point of view. To this end, two panels will discuss the central theme of this conference: a judge panel and an academic panel.