Fundamental rights protection between Strasbourg and Luxembourg: Extending Transnational ne bis in idem Across Administrative and Criminal Procedures

peer reviewedThis chapter analyses the conceptual roots of extended ne bis in idem protection and, in particular, how the concept of ‘criminal charge’ developed by the ECtHR impacts the interpretative outcomes of the CJEU and the ECtHR respectively. The chapter will then present the specific case law of the two Courts on extended ne bis in idem, including the latest developments, and will offer an assessment of the consequences of this jurisprudence for transnational cases in the Area of Freedom, Security and Justice (AFSJ). In particular, the transnational application of extended ne bis in idem requires a reconceptualisation and rethinking of the legal framework for preventing and resolving conflicts of criminal jurisdiction in the AFSJ