Legality

The legality principle is of a crucial relevance as for any system of criminal responsibility, and deserves then a high place when considering the perspective of a common framework of general principles for criminal offences in Europe. However, the universal character of the principle has been somehow obscured or even frustrated by the very heterogeneous developments of the same, as produced by the different legal cultures in European countries. This chapter analyses the various dynamics in action at present that show that the principle has confirmed the universality of its core contents. In addition to approximation of the different legal cultures flowing from ECHR and EU systems, common trends may also be detected with respect to some features not covered by the core of the principle as established at the supranational level, and resulting from spontaneous approximation or circulation of models (cross-fertilization).