The Principle of Legality and the Retroactive Application of the More Favourable Criminal Law as Guarantees of the Protection of Human Rights Worldwide at the State Level
The Principle of Legality and the Retroactive Application of the More Favourable Criminal Law as Guarantees of the Protection of Human Rights Worldwide at the State Level

Author(s): Alexandra Raisa Roşcan
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: principle of legality; retroactivity of the more favourable criminal law; European Convention on Human Rights; European Court of Human Rights;
Summary/Abstract: This research aims to carry out a study on the evolution of the principle of legality in the international context, starting from the initial meaning of nullum crimen sine lege and arriving at its approach as a genuine human right. The research is carried out as a result of the analysis of conventions, pacts, books and jurisprudence of international bodies. Theories regarding the application of this principle by international tribunals will be identified, as well as the exceptional situations that led to its violation. This study also aims to address the issue of retroactive application of more favourable criminal law at European level. In this respect, it will be examined whether or not its application contravenes the provisions of the European Convention on Human Rights.

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