ER DEN EUROPÆISKE MENNESKERETTIGHEDSDOMSTOL EN TRUSSEL FOR FUNDAMENTALE STRAFFERETLIGE PRINCIPPER? (Danish)

Is the European Court of Human Rights a Threat to the Fundamental Principles of Criminal Law? (English)

On the basis of the rape case, M.C. v Bulgaria in 2003, a critical analysis is made of how the European Court of Human Rights has developed its 'interpretation' of the Convention from being a protection of citizens against injustices committed by their nation states to a requirement granting victims a 'human right' to demand that their perpetrators be punished, or at least be subjected to criminal proceedings. As it stands now, the suspect and the victim each have their own 'human right' and can demand the same protection. The classic protection of legal certainy for the suspect can easily be eroded by this approach. [ABSTRACT FROM AUTHOR]

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