PRINCIPLE OF NON-RETROACTIVITY OF CRIMINAL LAW ACCORDING TO ARTICLE 7 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
PRINCIPLE OF NON-RETROACTIVITY OF CRIMINAL LAW ACCORDING TO ARTICLE 7 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Summary/Abstract: The Convention for the protection of human rights and fundamental freedoms lays down a number of civil and political rights and freedoms and sets up a system of guarantee and compliance by the signatory states of the undertaken commitments. Being adopted under the aegis of the European Council, the Convention proved to be an effective method to protect the rights regulated by it, as well as by its supplementary protocols. The effectiveness of the Convention provisions results both from the number and the quality of the human rights it protects and mainly from the judicial mechanism whereby the control of the observance of such rights by the national authorities of the contracting states is ensured. This paper analyses the principle of non-retroactivity of criminal law, regulated by article 7 paragraph 1 second sentence of the European convention, under which ”nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed”, as well as the supporting clause of the second paragraph of the same article, under which “this article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations”. Furthermore, this paper covers the manner in which these Convention texts are transposed into the laws of the European states, but particularly the meaning given to the principle of non-retroactivity of criminal law and to the exception to this principle in the case-law of the European Court of Human Rights.

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