Iveta Jirušková
Articles 54 through 58 of the Convention on Implementation of Schengen Agreement of 14th June 1985 among the governments of the states of Benelux Economic Union, Federal Republic Germany and the Republic of France on gradual removal of controls on their mutual borders, signed in Schengen on 19th June 1990, introduce the ne bis in idem (not twice about the same) principle as a principle with inter-states effects. Under article 54 of Schengen Agreement: A person whose trial has been finally disposed of in one Contracting Party may not be prosecuted in another Contracting Party for the same act, provided that, if a penalty has been imposed, it has been enforced, is actually in the process of being enforced, or can no longer be enforced under the laws of the sentencing Contractual Party. The practical application of this principle in Schengen area was helped considerably by the Court of Justice and its case law. Its approach to the ne bis in idem principle is completely unique, by the very fact that it interprets it in its untraditional inter-states form. Moreover, the Court of Justice evidently does not follow the effort to get closer in explaining this principle to other international-law instruments, but bases it on two principles ensuing form the legal order of the European Union, i.e. on mutual trust and mutual recognition among member states in the sphere of criminal law, and also on free movement of persons.
This article mainly sums up the substantial conclusions reached by the Court of Justice in explanation of the ne bis in idem principle as contained in art. 54 and foll. of Schengen implementing convention in its decisions. It also points to some of the problems having appeared in member states in application of this principle.

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