Il principio del ne bis in idem nell’art. 50 della Carta dei Diritti fondamentali UE e nella recente giurisprudenza della Corte di Giustizia

The article aims to show how, more than twenty years after the Tampere European Council and more than ten years after recognition of the binding legal force of the Charter of Fundamental Rights of the European Union, one of the main achievements of the European integration process is represented by the discipline of the ne bis in idem principle of art. 50 UECFR, that is the right not to be tried or punished twice for the same crime. The contribution highlights how, from the examination of the most recent jurisprudence of the Court of Justice (judgments Menci, Garlsson Real Estate and Di Puma and Consob) emerged the increasingly multi-level importance (international, European and domestic) taken over time by the prohibition of bis in idem. It is, in fact, an area in which we often see the activity of constant cross-fertilization between the different judicial authorities (Constitutional Courts and national judges, Court of Justice of the European Union and European Court of Human Rights), operating in the European legal area.