Legality and the criminalisation of protest

Description

This talk presents three recent ECtHR cases (Laurijsen, Bodon and Fraisse) in which legality concerns arise: the increasing repression of protest through the use of vaguely defined or broadly interpreted criminal law provisions. In each of these cases, the principle of legality is implicated – yet Article 7 is notably absent from the ECtHR’s analysis.
These cases raise questions about the quality of the law, the scope of criminal liability, and the risk of legal uncertainty for protesters. While the Court often focuses on Article 11 (freedom of assembly) or Article 2 (right to life), a closer look reveals how weak or unpredictable legal frameworks can threaten legal certainty, suggesting an underlying Article 7 issue that remains unaddressed.

Period	27 May 2025
Held at	Department of Criminal Law