Th e obstacles to a single, autonomous and uniformly applicable EU ne bis in idem
principle include diff erently worded provisions within the respective international
conventions, a measure of confusion and confl ict within the jurisprudence of
international courts and tribunals pertaining to the same crime dilemma, and the
vague possible exceptions specifi ed in Article 55 (derogation from application of the
ne bis in idem principle) CISA. An overview of the basic terminology and concepts
used identifi es a clear diff erence between a narrow defi nition that uses ‘off ence’ or
‘elements’, and a broad defi nition that uses ‘conduct,’ ‘acts,’ or ‘facts.’ Understanding
the fundamental dilemmas and issues associated with the interpretation and
application of ne bis in idem principle in conjunction with complementarity
necessitates developing and refi ning the principle within the EU legal order
Th e obstacles to a single, autonomous and uniformly applicable EU ne bis in idem
principle include diff erently worded provisions within the respective international
conventions, a measure of confusion and confl ict within the jurisprudence of
international courts and tribunals pertaining to the same crime dilemma, and the
vague possible exceptions specifi ed in Article 55 (derogation from application of the
ne bis in idem principle) CISA. An overview of the basic terminology and concepts
used identifi es a clear diff erence between a narrow defi nition that uses ‘off ence’ or
‘elements’, and a broad defi nition that uses ‘conduct,’ ‘acts,’ or ‘facts.’ Understanding
the fundamental dilemmas and issues associated with the interpretation and
application of ne bis in idem principle in conjunction with complementarity
necessitates developing and refi ning the principle within the EU legal order
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