Luxembourg, 11/02/2003 (Agence Europe) - The European Court of Justice has pointed out that, in the Gözütk and Brügge cases, no one can be prosecuted in a Member State for the same offences for which he/she has served full sentence in another Member State, whether in accordance with the ruling of a judge as stated in the Convention for application of the Schengen Agreement or by amicable agreement between the public ministry and the offender. For the first time, the Court takes a stance on the interpretation of the Convention for application of the Schengen Agreement.
In some countries, such as the Netherlands or Germany, an offender may have criminal proceedings withdrawn in exchange for a fine. Thus, all prosecution against that person is also withdrawn in any other Member State where he/she could be judged for the same offences. The judges explain that offenders may no longer be brought before the courts of other Member Sates for the same offence.