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Accueil / Avocat / The rule «ne bis in idem» – Interpretation and application conditions

The rule «ne bis in idem» – Interpretation and application conditions

15 octobre 2014

In current times, where the benefits of the Schengen area are, at the least, we can say, questioned, the Court’s decision in the Grand Chamber is certainly likely to calm things down.

The solemn session of the Court distinctly reveals its awareness of the issue’s importance. This is not the only specificity of the judgement, as it also contains the not so common illustration (see CJEU, 30 May 2013, Case C-168/13 PPU) of the Court’s acceptance of the use of the urgent preliminary ruling procedure, foreseen by Article 107 of its procedure Regulation. The referring had justified its request by stating that the validity of Mr. Spasic’s detention was based on the Court’s response to the preliminary questions. Without really discussing it, the Court accepted such motive (§ 49). Finally, another feature was the fact that the Court was involved not under Article 267 TFEU (contrarily to what the referring court had thought) but under Article 35 TEU, which extends the preliminary jurisdiction of the Court to the Schengen Agreement and specifically to the convention on the implementation of the Schengen Agreement of 14 June 1985 (CCAS) (OJEU L 239, 22 Sep. 2000, p.19) signed by the Benelux countries, France and Germany (§ 46).

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