Summary European Law

Con and Ad Lecture 24
Article 7 - No punishment without law

Article 8 – right to private and family life

,Article 7
ARTICLE 7 No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or
omission which did not constitute a criminal offence under national or
international law at the time when it was committed. Nor shall a heavier pena
be imposed than the one that was applicable at the time the criminal offence
committed.

2. This Article shall not prejudice the trial and punishment of any person for a
act or omission which, at the time when it was committed, was criminal accor
to the general principles of law recognised by civilised nations.

, Reminder of one of the
requirements of the rule of
law

• Dicey – no man is punishable ... except for a distinct
breach of law established in the ordinary legal manner
before the ordinary courts of the land

• Bingham –
• Rule 1: Questions of legal right and liability should
ordinarily be resolved by application of the law and not
exercise of discretion