L’ATTUAZIONE DEL PRINCIPIO DEL NE BIS IN IDEM NELL’AMBITO DEL MANDATO D’ARRESTO EUROPEO

The ne bis in idem principle within the European Union area of freedom, security and justice of the European Union is a transnational principle based on the principles of mutual recognition and mutual trust between Member States. In the context of EU judicial cooperation in criminal matters, the ne bis in idem also occurs as a reason for refusing the execution of some of the EU instruments based on the mutual recognition of judicial decision. In this contribution the A. analyses the functioning of the ne bis in idem principle in the Framework decision 2022/584/JHA on the European arrest warrant in the light of the Court of Justice case law, in particular with regard to the notion of idem factum, the relationship between the prohibition of bis in idem and “final decisions” in the execution and issuance of the EAW and the recognition of res judicata in third countries. Furthermore, the paper highlights the critical issues of the instruments related to the ne bis in idem principle, by formulating, in conclusion, an hypothesis for their overcoming de iure condendo.