The non bis in idem Principle — Theory, History and Application in International Law and the Law of the Eurasian Economic Union

Abstract

The article considers the prohibition of double jeopardy, codifi ed in Roman law as the non bis idem principle. The author discusses the origins of the principle, its historic and modern meaning and its role for national legal systems and international law. Various approaches are reviewed to the interpretation of the nature and the limits of the non bis in idem principle, with reference to the case law of the European Court on Human Rights, the Court of Justice of the European Union, and the Court of the Eurasian Economic Union. Special attention is given to the application of the principle in competition law. An argument is made that an economic entity may not be penalised simultaneously by the decisions of the Eurasian Economic Commission and the national antimonopoly body of a Member State.