The principle of legality appears to have recently gained less prominence in the European criminal field. The significant array of leading judgments to draw the rationale of this overarching principle has been slow-paced, with negative impacts on the very flourishing of the rule of law in the supranational dimension. Thus, promoting democratic validation by the European Courts could imply rethinking legality in a way that better complies with the separation of powers and the precision, clarity and foreseeability of criminal offences.
Santangelo, A. (2025). Has the EU Contamination on Legality Been Slow-Paced? Nullum Crimen in Italy as a Case Study. EUROPEAN CRIMINAL LAW REVIEW, 15(3), 292-313 [10.5771/2193-5505-2025-3-292].
Has the EU Contamination on Legality Been Slow-Paced? Nullum Crimen in Italy as a Case Study
Alessandra Santangelo
2025
Abstract
The principle of legality appears to have recently gained less prominence in the European criminal field. The significant array of leading judgments to draw the rationale of this overarching principle has been slow-paced, with negative impacts on the very flourishing of the rule of law in the supranational dimension. Thus, promoting democratic validation by the European Courts could imply rethinking legality in a way that better complies with the separation of powers and the precision, clarity and foreseeability of criminal offences.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


