Evoluzione dell’art.54 della Convenzione di Schengen nell’Unione europea

The growing internationalization of crime, more and more cross-border, the discipline of criminal jurisdiction concerns situations in which various member States are competent to perform the prosecution for the same case. In addition to this, currently, the possibility that they may occur several proceedings on the same case, or conflicts "positive" of jurisdiction, are much higher level because the capacity of many national courts in criminal matters has been significantly increased during last years. The multiplicity of the processes damages the rights and interests of the individual with the danger of duplication of criminal proceedings. In an area of freedom, security and justice evolved is necessary to avoid such consequences disadvantageous, hindering the establishment of many processes on the same historical facts. The legal limit is precisely the principle of ne bis in idem. This principle does not prevent conflicts of jurisdiction when several processes are underway in two or more member States; it may come into play only by preventing the prosecutions for the second time on the same case, when the proceedings in a member State has concluded with a decision that prevents the opening of a new one (res judicata). The structure of this work is divided into different points. In the first place be summarized the essential characteristics of ne bis in idem principle legislation community, and it will verify the existence of a general principle of community law that prohibits to submit to a new average one who has already been processed for the same facts by the courts of another State. Subsequently it will discuss the possible assimilation of ne bis in idem "considered", while highlighting the copious decisions by a certain reluctance of the member States to a boundary excessive scope of application ne bis in idem. They will ensure that neither the practice of the Court, or the application of the ne bis in idem principle in the framework of multilateral treaties in criminal matters of the Council of Europe have led to a common standard of ne bis in idem in Europe.