Conflitti di giurisdizione e ne bis in idem europeo

The research is focused on the problems related to parallel criminal proceedings against the same person for the same conduct within the area of freedom security and justice. In particular, due attention is paid at both the relevant features, on the one hand the conflicts of jurisdictions, on the other hand the principle of European ne bis in idem. The first chapter focuses on the lis pendens. After investigating the origins of such phenomenon, the Author examines the EU fundamental legislative drafts that led to the adoption of Framework Decision 2009/948/JHA, “on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings”. Special consideration is devoted to the matters of constitutional consistency to take into account when implementing the EU act in the national legal system. The rest of the study is centred on the European principle of ne bis in idem. The Author analyses the milestone steps for the establishment of such principle under EU law, alongside with the case-law of the European Court of Justice. The scrutiny of the ECJ decisions displays a critical approach, aimed at highlighting the unresolved questions and putting forward possible solutions.