Ne bis in idem in the context of an Interpol red notice: Effective law enforcement versus fundamental right (case note on C-505/19 WS)

Abstract

This case note examines the Court of Justice of the European Union’s decision in WS (C-505/19) concerning the application of the ne bis in idem principle enshrined in Article 54 CISA and Article 50 Charter in the context of an Interpol red notice. It examines whether a person may be provisionally detained on the basis of a red notice in cases where investigation proceedings have previously been closed by a judicial decision. The case note closes with a commentary on the decision as well as an outlook for legal practitioners in the field.