Publication at Faculty of Law |
2014
Abstract
The paper discusses the principle of Nulla Poena Sine Lege in light of the case-law of the European Court of Human Rights and especially the Maktouf a Damjanović vs. Bosna a Hercegovina Case (2013).
A short presentation of the principle is followed by the analysis of the ECHR case-law under Article 7 of the European Convention on Human Rights. The Maktouf a Damjanović case and the criticism the case has given rise to are used to show certain shortcomings of the ECHR approach.