42As regards the first aspect, it should first be pointed out that the Court has held (see in particular the judgment in Case 63/83 Regina v Kirk [1984] ECR 2689, paragraph 22) that the principle that penal provisions may not have retroactive effect is one which is common to all the legal orders of the Member States and is enshrined in Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as a fundamental right which takes its place among the general principles of law whose observance is ensured by the Court of Justice.
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