Principle of legality and European justice: an unfinished road

Abstract

The principle of legality – nullum crimen [1], nulla poena sine lege [2] – requires the criminal law – lex poenalis [3] – to define the criminalised conducts – lex certa [4] –, so that citizens, being aware of them, can refrain from committing them in the future – lex praevia [5]. The European Court of Human Rights (ECtHR) has analysed the nullum crimen sine lege as a general principle and the basis of Rule of Law State.1 For this purpose, the ECtHR has taken as a first reference the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and its Protocols, but also the Charter of Fundamental Rights of the European Union (CFREU). They all guarantee the minimum level of protection of human rights stablished by international law.