CJEU Bars Spain From Re-prosecuting ETA Terrorist in Oviedo Case
The European Court of Justice (CJEU) has ruled that Spain cannot re-prosecute a convicted ETA terrorist for a terrorist incident in Oviedo due to the principle of ne bis in idem. The decision, known as the MSIG case, has left the Spanish government with no relevant search results on how to proceed.
The ne bis in idem principle, a cornerstone of EU law, prevents double jeopardy by barring prosecution in another Member State for the same acts for which the person has already been convicted or acquitted in one Member State. The CJEU applied this principle in the MSIG case, barring Spain from convicting the ETA terrorist for the Oviedo attack.
The CJEU's decision aligns with its established case law and has been consistently interpreted. Spain could have retained the right to prosecute the terrorist if they had made a declaration under Article 55 of the Council of Europe's Convention on the International Classification of Crimes (CISA). However, Spain did not do so, leaving them unable to prosecute the terrorist for the Oviedo incident. The principle applies even if the offenses are differently classified in the two Member States, as long as they refer to the same conduct by the same person within the same time frame. If new proceedings had been initiated, the sentence served in France would have been deducted from the new sentence in Spain, according to Article 56 CISA.
The CJEU's ruling in the MSIG case has significant implications for Spain. While the decision might be difficult for Spanish society to accept, it underscores the importance of the ne bis in idem principle in ensuring fairness and preventing double jeopardy within the EU. To avoid such situations in the future, Member States are encouraged to consult each other in advance to decide which state should continue criminal proceedings and which should halt them.
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