G.I.E.M. S.R.L. AND OTHERS v. ITALY (applications nos. 1828/06 and 2 others, judgment of 28 June 2018): the relationship between the convention and the constitution, the “interpretative authority” of the Court’s judgment, multilevel constitutionalism, a Convention-oriented constitutional theory of fundamental rights, the efficiency-interests-oriented approach to criminal law, confiscation of immovable property as a penalty for unlawful site development, the substantive nature of the statute of limitations.
VASILIAUSKAS v. LITHUANIA (application no. 35343/05, judgment of 20 December 2015): Soviet genocide of Lithuanian nation, partisans as relevant part of the nation, retroactive application of penal law.
ROHLENA v. CZECH REPUBLIC (application no. 59552/08, judgment 27 January 2015): the difference between a continuing offence (Dauerdelikt, infraction continue, reato permanente) and a continuous offence (fortgesetzte Handlung, infraction continuée, reato continuato); the difference between consecutive or cumulative sentence (peine cumulée ou peines consécutives), concurrent sentence (peine confondue ou peines simultanées) and aggregate, consolidated or overall sentence (peine globale ou peine d’ensemble); broad consensus arising out of a long European tradition on objective (actus reus) and subjective (mens rea) elements of a continuous offence.
MAKTOUF AND DAMYANOVIC v. BOSNIA AND HERZEGOVINA (applications nos. 2312/08 and 34179/08, judgment of 18 July 2013): retroactive application of lex mitior, general principles of law as source of penal law, arbitrary and discriminatory sentencing, arbitrary transfer of case file, principle of natural or legal judge.
VARVARA v. ITALY (application no. 17475/09, judgment of 29 October 2013): State obligation to confiscate the instruments and proceeds of crime, disproportionate confiscation on grounds of unlawful land development.
LIUIZA v. LITHUANIA (application no. 13472/06, judgment of 31 July 2012): nulla poena sine lege stricta in the field of security measures, retroactive application of the more severe security measure.
HIDIR DURMAZ v. TURKEY (no. 2) (application no. 26291/05, judgment of 24 April 2012): retroactive application of more lenient penal law including to res judicata cases, delay in the application of a more lenient penal law.
ROLA v. SLOVENIA (application nos. 12096/14 and 39335/16, judgment of 4 June 2019): retrospective application of revocation of a licence to act as a judicial liquidator.













