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The Principle of Certainty of Criminal Law (lex certa) in Case Law of the European Court of Human Rights.
- Source :
-
Novi Sad Faculty of Law: Collected Papers / Zbornik Radova: Pravni Fakultet u Novom Sadu . 2011, Vol. 45 Issue 1, p455-468. 14p. - Publication Year :
- 2011
-
Abstract
- Article 7 of the Convention is not confined to prohibition of the retrospective application of the criminal law. Provided protection is wider, and it is developed through the case law of the European Court of Human Rights. Because of the significant impact of the common law, Article 7 in general can not be understood in a way that the principle of legality is traditionally recognized in civil law. As for the lex certa principle, the case law of domestic courts has a big impact on the Court. This is of course the consequence of common law impact. Although lex certa is in some degree a relative principle, in some of the Court criteria's lies the danger of its further relativization. In its previous case law, the Court found violation of this principle in only one case. It remains to the future case law to further clarify in what extent lex certa principle is recognized by the Court. [ABSTRACT FROM AUTHOR]
- Subjects :
- *CRIMINAL law
*JUDGE-made law
*CRIMINAL courts
*HUMAN rights
*LEGAL certainty
Subjects
Details
- Language :
- Serbian
- ISSN :
- 05502179
- Volume :
- 45
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- Novi Sad Faculty of Law: Collected Papers / Zbornik Radova: Pravni Fakultet u Novom Sadu
- Publication Type :
- Academic Journal
- Accession number :
- 64280942
- Full Text :
- https://doi.org/10.5937/zrpfns1101455S