Dr Ger Coffey published article in the New Journal of European Criminal Law
Dr Ger Coffey published an article entitled ‘An interpretative analysis of the European ne bis in idem principle through the lens of ECHR, CFR and CISA provisions: Are three streams flowing in the same channel?’ in the New Journal of European Criminal Law, a Scopus indexed journal. The article provides an interpretative analysis of the procedural defence and associated ECtHR and CJEU jurisprudence that aim to ensure consistency of approach by national legal systems notwithstanding the applicability of the margin of appreciation and the principle of subsidiarity. The article concludes with an evaluation of the narrow same criminal offence criterion (idem crimen) commensurate with broader proscribed conduct (idem factum) criterion that is pivotal to the application of the procedural defence and evidently the most litigated aspect of the ne bis in idem principle.
SDG 16 – Peace, Justice and Strong Institutions
