"ARTICLE 49 CHARTER" [2018] ELECD 33; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 857

Book Title: European Competition Law

Editor(s): VerLoren van Themaat, Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

Section: Chapter 26

Section Title: ARTICLE 49 CHARTER

Number of pages: 18

Extract:

26 ARTICLE 49 CHARTER* PRINCIPLES OF LEGALITY AND PROPORTIONALITY OF CRIMINAL OFFENCES AND PENALTIES 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations. The severity of penalties must not be disproportionate to the criminal offence.
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ARTICLE 7 (ECHR) ­ NO PUNISHMENT WITHOUT PRIOR LAW 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
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