The “Criminal Nature” Requirement – the Dual Administrative and Criminal Procedures
The “Criminal Nature” Requirement – the Dual Administrative and Criminal Procedures

Summary/Abstract: The case law on the prohibition of double jeopardy is constantly evolving. Initially, we observed a strict judgment based on the identity of the facts in the practice of the Court of Justice European Union (CJEU) and the European Court of Human Rights (ECHR). Later, we could see that more and more exceptions were given to the Member States of the European Union. Initially, parallel administrative and criminal proceedings were prohibited by case law. Later, we observed that all this is not completely forbidden.It can be seen that the ne bis in idem principle does not completely rule out parallel administrative criminal proceedings in the Member States. However, the national courts of the Member States have a duty to pay attention to the preventive administrative procedure. However, the CJEU and ECtHR now recognize the historical tradition in some Member State of sanctioning different procedures for different legal purposes.

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