The principle of certainty of criminal law (lex certa) in case law of the European Court of Rights

• Main Author: Stojanović Anđela
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2011-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: European Convention for the Protection of Human Rights and Fundamental Freedoms; European Court of Human Rights; lex certa; prohibition of retrospective criminal laws; principle of legality
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791101455S.pdf

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.