Yet can this principle still find its place in the progressive positive international law,
can it still serve its initial purpose? With a glance at some national legislations and taking a
look at the European Union’s example, it is fairly obvious that most European Union
countries adapted and amended their legislations accordingly to the EU legislation and that
the principle is still observed. Moreover, looking at the European Union from an institutional
perspective, the existent jurisprudence proves that the principle is effective and applicable. In
the Kokkinakis v Greece case, 25 May 1993, Case 3/1992/348/421 the European Court of
Human Rights clearly confirmed that only a law can define a crime and prescribe a
punishment. Moreover in the case of Criminal proceedings against X, Joined Cases 74/95 and
C-129/95, the Court stated that EU Members States have the obligation to observe the
principle of legality with regards to crimes and sanctions when applying European directives
into their national law.
Yet can this principle still find its place in the progressive positive international law,can it still serve its initial purpose? With a glance at some national legislations and taking alook at the European Union’s example, it is fairly obvious that most European Unioncountries adapted and amended their legislations accordingly to the EU legislation and thatthe principle is still observed. Moreover, looking at the European Union from an institutionalperspective, the existent jurisprudence proves that the principle is effective and applicable. Inthe Kokkinakis v Greece case, 25 May 1993, Case 3/1992/348/421 the European Court ofHuman Rights clearly confirmed that only a law can define a crime and prescribe apunishment. Moreover in the case of Criminal proceedings against X, Joined Cases 74/95 andC-129/95, the Court stated that EU Members States have the obligation to observe theprinciple of legality with regards to crimes and sanctions when applying European directivesinto their national law.
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