Ne bis in idem – a continuing judicial dialogue

Introducing the EU Charter had an enormous impact on fundamental rights protection, ne bis in idem and the outcome of the well-known Åkerberg Fransson saga.
At the same time, judicial interaction between national and European courts played a significant role throughout this saga. Given the various developments on national, EU and European levels, one of the remaining questions is whether judicial interaction can provide an answer to complex legal and practical issues relating to the overlapping of fundamental rights sources in general, and ne bis in idem in particular, pending any further EU harmonising measures. While using the Åkerberg Fransson saga as a reference point and illustrative example, this chapter aims at analysing the judicial interaction involved in light of more recent developments.