La migliore offerta, ovvero il principio del ne bis in idem tra abusi di mercato, CEDU, diritto dell'Unione europea e diritto interno

The meaning of idem in the ne bis in idem principle has become controversial. If one considers this concept as interpreted by the European Court of Human Rights, the Court of Justice of the European Union, and the Italian Court of Cassation and Constitutional Court, we will find out that the four courts have expressed partially, yet significantly, different ideas on how it should be understood. The purpose of this article is to provide reasons to believe that the interpretation provided by the Court of Justice of the European Union guarantees a higher level of protection to both accused and sentenced persons and should be preferred with specific regard to market abuse crimes. Furthermore, this interpretation should be favoured in the light of the direct applicability of Article 50 of the Charter of Fundamental Rights of the European Union.