Resumen de The ECtHR judgment in Tsonyo Tsonev and its influence in Bulgaria: the application of the ne bis in idem principle in Bulgaria in cases of administrative and criminal proceedings for the same illegal act
This case annotation on the judgment of the European Court of Human Rights of 14 January 2010 in Tsonyo Tsonev v. Bulgaria (No. 2 – application No. 2376/03) reveals that the case entails several significant and sensitive issues of fundamental importance, greatly exceeding the dimensions of the specific legal dispute:
The enforcement of the final judgments of the European Court of Human Rights (ECtHR) against Bulgaria;
The application of the ne bis in idem rule;
The interplay between criminal and administrative penal liability of the same person for the same act;
The role of the interpretative activity of the General Assembly of the Criminal Chambers (GACC) of the Supreme Court of Cassation (SCC) of the Republic of Bulgaria.
This article discusses these items and introduces the reader to the mechanisms in Bulgaria for following up ECtHR judgments, as well as a new approach to the application of the ne bis in idem principle in cases of duplicative administrative and criminal proceedings.
