Titlebook: Ne bis in idem and Multiple Sanctioning Systems; A Case Law Study of Javier Ignacio Escobar Veas Book 2023 The Editor(s) (if applicable) a

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2524-8049 ossible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.978-3-031-16558-0978-3-031-16556-6Series ISSN 2524-8049 Series E-ISSN 2524-8057

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Case Law of the Supreme Court of the United StatesThe Fifth Amendment guarantee against double jeopardy is one of the basic protections afforded to defendants by the United States Constitution. The Fifth Amendment reads in part:

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Case Law of the Supreme Court of CanadaSection?11 of the Canadian Charter of Rights and Freedoms sets out several rights for anyone who is “charged with an offence”. Section?11 (h) of the Charter, which aims to protect the defendant against double jeopardy, states:

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Case Law of the European Court of Human RightsThe . was not recognised in the European Convention of Human Rights until its incorporation in Article?4 of Protocol?7, which states:

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Overcoming the Dead End of the Thesis of the Criminal NatureOne of the problems with the caselaw of the ECtHR and the CJEU addressed in the Second Part was the dead end of the current approach of the criminal nature thesis. As stated above, there are two problems with the current approach of the European courts.

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Final RemarksAlthough the . is extensively proclaimed by national legal systems and international human rights instruments, several difficulties arise when the protection is applied to concrete cases, especially in the context of multiple sanctioning systems.

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Case Law of the Court of Justice of the European Unionin every Member State. In this context, the CJEU has jurisdiction to give preliminary rulings concerning the interpretation of EU Treaties. Thus, when a party raises a question regarding the EU Charter before a national court of a Member State, that tribunal may request the CJEU to give a ruling on that question.

Consequence

Understanding Multiple Sanctioning Systems: Models of Organisation the task of developing a satisfactory interpretation on the lawfulness of multiple sanctioning systems under the .. Therefore, it is necessary to propose a general reconceptualisation of the . under Protocol?7 to the European Convention of Human Rights and the EU Charter.

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