CJEU – Judgment of 26.2.2013 (Grand Chamber) – Åklagaren v Hans Åkerberg Fransson, CASE C-617/10 «Charter of Fundamental Rights of the European Union – Field of Application- Article 51- Implementation of European Union Law- Article 50 – Ne bis in idem pri
Keywords:
Charter of Fundamental Rights of the European Union, scope of application, article 51 of the Charter, European Convention of Human Rights, European Court of Human Rights, non bis in idem principle, standard of protection, MelloniAbstract
This case concerns the application of the non bis in idem principle of the Charter with regard to the accumulation of criminal sanctions and tax surcharges applicable to a violation of the national rules concerning the VAT. The judgment of the ECJ is an important pronouncement regarding the interpretation of the scope of application of the Carter, which confirms the previous line of case law with regard to the scope of application of fundamental rights as general principles. On the other hand, and together with the judgment in the case Melloni issued the same day, it contributes to the creation of a framework of cooperation and coexistence with national standards of protection in situations which, despite falling within the scope of application of EU law, are not completely determined by it. Finally, with regard to the ne bis in idem principle, this case entails also the confirmation of the standard of protection adopted by the ECHR.Downloads
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