Ne bis in idem at the intersection between prudential and AML/CFT supervision

Abstract

The ne bis in idem principle, a fundamental right under Article 50 CFR, generally limits the possibility of a person being prosecuted or sanctioned twice for the same act, offense, or facts. At the same time, in EU law, it is often the case that a natural or legal person’s factual conduct could potentially give rise to double response: one under criminal law and one under (punitive) administrative law. It may even be the case that a certain factual conduct can be judged and sanctioned under different regulatory regimes. The policy areas of prudential supervision and of the supervision of the anti-money laundering legal framework are a prime example of this phenomenon.