239 citiri

Conceptele de previzibilitate și de previzibilitate în interpretare au fost incorporate la nivel național

ECtHR jurisprudence has greatly influenced national systems, albeit in different ways. For continental systems, the ECtHR promoted a shift of the legality principle from a formal to a more substantive approach. This shift has also been noticed in other systems, such as the French one, where it is referred to as the shift from a material to substantive interpretation of the legality principle. It should be noted that the continental systems do not implement the ECtHR’s approach on sources of criminal liability, especially as far as the Nuremberg exemption is concerned. However, the concepts of foreseeability and foreseeable interpretation have been incorporated into national doctrine, especially by national courts, which use extensively the ECtHR jurisprudence. (s.n. -M.M.-B.)

Christina Peristeridou
(The principle of legality in European criminal law, Intersentia, decembrie 2015, la p. 101)

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