Article 7: Freedom from Retroactive Criminal Offences and Punishment

David Harris, Michael O’Boyle, Ed Bates and Carla Buckley

in Harris, O'Boyle & Warbrick

Third edition

Published on behalf of Oxford University Press

Published in print July 2014 | ISBN: 9780199606399
Published online September 2014 | e-ISBN: 9780191763908 | DOI:
Article 7: Freedom from Retroactive Criminal Offences and Punishment

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This chapter discusses Article 7 of the European Convention on Human Rights, which incorporates the principle of legality, by which, in the context of criminal law, a person should only be convicted and punished on a basis of law. The guarantee in Article 7 ‘is an essential element of the rule of law’, and has as its object and purpose the provision of ‘effective safeguards against arbitrary prosecution, conviction, and punishment’.

Keywords: European Convention on Human Rights; human rights protection; legality; criminal law; criminal offences; rule of law

Chapter.  6548 words. 

Subjects: Human Rights and Immigration

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