The Concept of "Hard Core" of Criminal Law in the Case-Law of the ECtHR and EU Courts and its Relationship to Selected Spheres of Administrative Sentencing
2013
Abstract
The paper examines the problem of definitional ambiguity of the concept of "crminal charge" in Art. 6 of the European Convention on Human Rights and, in particular, the issue of the so-called "hard core" of criminal law as a concept employed by the European Court of Human Rights (Jussila v Finland). It also deals with the role of the concept of the "hard core" in the case law of the Court of Justice of the EU and the Tribunal in the sphere of punishing anticompetitive practices.