The rule of retroactive application of the “more favorable criminal law” is governed by Article 49 of the Charter of Fundamental Rights of the EU and, following the Treaty of Lisbon of 2007, is an essential part of the Treaties previsions. The Charter frames it among individual rights, a corollary of the principle of legality in criminal law, which in turn is based on the principle of legal certainty and, therefore, on the ‘rule of law’, one of the founding values recognized by Article 2 of the Treaty on European Union. The CJEU's approach to the application of this rule has certainly been influenced by the more recent practice of the European Court of Human Rights on Article 7 of the ECHR, starting with the Scoppola case. To the extent that its application concerns areas of law subject to the EU's competence regime, the principle of lex mitior has an autonomous application from national law (even constitutionally defined) and a different legal relevance compared to Article 7 of the ECHR. According to the CJEU, it may not be bound by the ‘taboo’ of res judicata, or its application may extend beyond the definition of criminal law specific to national legal systems. This could lead to new conflicts with some national constitutional courts, such as the Italian one, following the same pattern as what happened with the previous Taricco case.
University of Siena, Italy - ORCID: 0000-0002-3860-5801
Chapter Title
Sul principio della lex mitior alla prova del diritto dell’Unione europea
Authors
Paolo Venturi
Language
Italian
DOI
10.36253/979-12-215-1043-0.06
Peer Reviewed
Publication Year
2026
Copyright Information
© 2026 Author(s)
Content License
Metadata License
Book Title
Il principio di retroattività della lex mitior
Editors
Laura Castaldi, Francesco Zini
Peer Reviewed
Number of Pages
170
Publication Year
2026
Copyright Information
© 2026 Author(s)
Content License
Metadata License
Publisher Name
Firenze University Press, USiena Press
DOI
10.36253/979-12-215-1043-0
ISBN Print
979-12-215-1042-3
eISBN (pdf)
979-12-215-1043-0
eISBN (epub)
979-12-215-1044-7
Series Title
Quaderni del Dipartimento di Scienze politiche e internazionali
Series ISSN
3035-5850
Series E-ISSN
3035-5664