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Diverging Opinions on Double Jeopardy in the ECJ and the ECtHR

Anita Clifford analyses two Opinions delivered by the Advocate General of the European Court of Justice on 12 September 2017 on double jeopardy arising in the context of financial wrongdoing. The Opinions call for a rejection of a recent decision of the European Court of Human Rights which considered that the protection would not be infringed where two proceedings were integrated and sufficiently connected in time and substance. The analysis follows an earlier examination of the difficulties that can arise when there is a concurrent or ‘dual track’ response to financial wrongdoing. Practitioners working in the field of financial services regulation need to follow these developments in cases where, as in the UK, parallel criminal and civil jurisdiction can be invoked. Read the full BLL post here. 

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Diverging Opinions on Double Jeopardy in the ECJ a...

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