ABSTRACT – The “ne bis in idem” principle has in recent years been the subject of numerous national and supra-national decisions. The use of the so-called double track sanctioning system, that is the convergence of both criminal and administrative sanctions on a single fact, has caused numerous problems of compatibility between our system and the fundamental rights enshrined in the ECHR and the Nice Charter. The paper analyzes the case-law of the European High Courts and, based on them, wants to offer a series of possible legislative ideas and to try to outline the possible future prospects on the subjects.
KEYWORDS – European Court of Human Rights, Court of Justice of the European Union, Engel criteria