The Italian Supreme Court and the European ne bis in idem Principle: A Correct Decision Worthy of Some Criticism

Abstract

The judgment gives the opportunity to focus on the ne bis in idem principle as established at the European Union level. Accordingly, after an analysis of the facts of the case and of the judgment of the Italian Supreme Court, some inquiries on the nature of the principle will pave the way for a critical assessment of the decision’s legal reasoning, notwithstanding the correctness of the final outcome.