The principle of ne bis in idem has played a key role in protecting human rights within the European Union. It has long been recognized by the Court of Justice as part of the general principles of Union law and its safeguard has been closely linked to the good functioning of the internal market. According to the Court its observance ensures that no one is prosecuted for the same acts in several Contracting States on account of the fact that he exercises his right to freedom of movement. This case note analyses exactly such a situation: the Bonda preliminary ruling concerns the compatibility with the principle of ne bis in idem of the action of domestic agencies competent for administering Union funds and criminal prosecution under domestic law for the same facts.
- Case C-489/10
- Prokurator Generalny v. Lukasz M. Bonda
- Judgment of the Court of Justice (Grand Chamber) of 5 June 2012