Načelo ne bis in idem u praksi Evropskog suda za ljudska prava
Ne Bis In Idem Principle in Practice of the European Court of Human Rights

Summary/Abstract: The paper is analysed the practice of the European Court of Human Rights which relates to the application of the Art. 4 para. 1. Protocol No. 7 to the European Convention on Human Rights. This involved consideration of questions related to the “criminal” nature of the proceedings, the problem of procedures repetition (bis) and the existence of the same act (idem). The author considered numerous cases in which the European Court of Human Rights confirmed, promoted or abandoned its practice regarding the application of the ne bis in idem principle. Despite objections that can be direct because of the occasional inconsistency in treatment, it is beyond any doubt that the conduct of the European Court of Human Rights is aimed at improving the guarantees contained in Art. 4 para. 1. Protocol No. 7 to the European Convention on Human Rights. That impression is not diminished by a certain contradiction between the criteria stated in the judgments of Sergey Zolotukhin v. Russia and A. and B. v. Norway. Having in mind the type of cases in which the criterion of “sufficiently close content and time interconnection” emerged, it is open to question when and in which area the European Court of Human Rights will judge that the parallel conduct of two proceedings is in accordance with the ne bis in idem principle.

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