Open AccessEffectiveness of EU law and protection of fundamental rights - in search of balance in the context of the ne bis in idem principle
Author(s) -
Monika Szwarc
Publication year - 2019
Publication title -
studia prawnicze
Language(s) - English
Resource type - Journals
eISSN - 2719-4302
pISSN - 0039-3312
DOI - 10.37232/sp.2019.4.2
Subject(s) - fundamental rights , political science , balance (ability) , charter , law , law and economics , member states , member state , context (archaeology) , state (computer science) , european union , human rights , business , economics , international trade , computer science , medicine , paleontology , algorithm , physical medicine and rehabilitation , biology
The article undertakes the current and important issue of balancing between the Member States’ obligations to ensure effectiveness of EU law and to respect fundamental rights, taking as an example the ne bis in idem principle, enshrined in Article 50 of the Charter of the Fundamental Rights of the European Union. The recent case law of the CJEU in Di Puma, Garlsson and others and Menci is analysed. These rulings exemplify the growing importance of the issue of how to balance the two obligations in a situation when the repression undertaken by a Member State in order to ensure the full effect of EU law may infringe a fundamental right provided for in the Charter. The main objective is thus to formulate proposals on how to balance these interests, as well as to define their consequences for national courts.