Application of the Charter of Fundamental Rights in the Context of Sanctions Imposed by Member States for Infringements of EU Law: Comment on Fransson Case

Introduction:

In its ruling in the Fransson case, the European Court of Justice (ECJ) interpreted the ne bis in idem principle, enshrined in Article 50 of the Charter of Fundamental Rights, in the context of accumulation of administrative and criminal penalties imposed in proceedings initiated for non-compliance with EU law.

Fransson constitutes an important development of the Court’s jurisprudence with respect to the interpretation of the ne bis in idem principle in the EU legal order. It also deserves deeper analysis for the legal context of the application of the Charter to cases where Member States impose sanctions (including criminal sanctions) for infringements of EU law.