---
title: "Recital 46"
url: "https://prighter.com/resources/laws/e-evidence-regulation/recitals/recital-46"
type: "recital"
date: "2026-10-19T16:33:00.718Z"
---

# Recital 46

The principle of _ne bis in idem_ is a fundamental principle of law in the Union, as recognised by the Charter and developed by the case law of the Court of Justice of the European Union. Where the issuing authority has grounds to believe that parallel criminal proceedings could be ongoing in another Member State, it should consult the authorities of that Member State in accordance with Council Framework Decision 2009/948/JHA ([22](#r22)). In any case, a European Production Order or a European Preservation Order is not to be issued where the issuing authority has grounds to believe that this would be contrary to the _ne bis in idem _principle.

---

([22](#22)) Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings ([OJ L 328, 15.12.2009, p. 42](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2009:328:TOC)).

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