Do you know of any cases where Schengen double ne bis in idem provision been raised?
4) An adequate response to the problem of (positive) conflicts of jurisdiction would be to create a mechanism for allocating cases to an appropriate jurisdiction. Where prosecutions are concentrated in a single jurisdiction, an issue of ne bis in idem would no longer arise. Moreover, such a mechanism would complement the principle of mutual recognition, which provides that a judicial decision taken in one Member State is recognised and – where necessary enforced by other Member States. B. Creating a mechanism for the Choice of Jurisdiction 5) The Green Paper sets out the perquisites as regards establishing a mechanism for choice of jurisdiction: – There should be a balanced approach with due respect for rights of individuals concerned. – Need for competent authorities to be aware of proceedings and/or related decisions in each others jurisdiction. Commission says that they should be allowed, and perhaps even be obliged, to exchange the relevant information. Question: what issues are ra