The principle of legality in criminal law and the jurisprudence of the ECHR

This paper examines the principle of legality in criminal law, with particular attention to how it is interpreted and applied in the jurisprudence of the European Court of Human Rights. The study delves into the theoretical and legal foundations of this principle, including an analysis of legal norms and standards set up by international legal instruments. Additionally, it highlights the role of the principle of legality as an essential tool in protecting fundamental rights, considering the necessary balance between the imperative of combating crime and ensuring strict adherence to procedural safeguards. The paper sheds light on recent developments of the principle of legality in the 21st century, illustrating its dynamics in the context of the interaction between national criminal law and European jurisprudence.

Authors

Publication Details

Journal
National Law Journal
Published
2025-05-01
DOI
https://doi.org/10.52388/1811-0770.2024.2(252).01
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
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article

The principle of legality in criminal law and the jurisprudence of the ECHR

Elena Pîrău
National Law Journal
European Criminal Justice and Data Protection
article

The principle of legality in criminal law and the jurisprudence of the ECHR

Elena Pîrău
article en

Abstract

This paper examines the principle of legality in criminal law, with particular attention to how it is interpreted and applied in the jurisprudence of the European Court of Human Rights. The study delves into the theoretical and legal foundations of this principle, including an analysis of legal norms and standards set up by international legal instruments. Additionally, it highlights the role of the principle of legality as an essential tool in protecting fundamental rights, considering the necessary balance between the imperative of combating crime and ensuring strict adherence to procedural safeguards. The paper sheds light on recent developments of the principle of legality in the 21st century, illustrating its dynamics in the context of the interaction between national criminal law and European jurisprudence.

National Law Journal(2(252))
Openalex Percentile: Top 86%
European Criminal Justice and Data Protection
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