39The 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 (‘ECHR’), signed in Rome on 4 November 1950. It takes its place among the general principles of law whose observance is ensured by the Community judicature (Case 63/83 Kirk [1984] ECR 2689, paragraph 22, and Case T-23/99 LR AF 1998 v Commission [2002] ECR II-1705, paragraph 219).
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