Human dignity in European criminal law: legal constraint between ethical ideal and cultural pluralism

Nenadić, Svetlana and Matić Bošković, Marina (2026) Human dignity in European criminal law: legal constraint between ethical ideal and cultural pluralism. Bratislava Law Review, 10 (1). pp. 73-88. ISSN 2585-7088

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Abstract

The article explores the principle of human dignity in criminal law in Europe, with a focus on its application in the jurisprudence of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). As one of the core values underpinning modern democratic societies, human dignity plays a crucial role in guiding the interpretation and development of legal norms, including those in the field of criminal law. Although not always explicitly codified, it remains a powerful interpretative tool that influences judicial reasoning and the constitutional identity of European legal orders. This paper provides a doctrinal and comparative analysis of how human dignity is respected, interpreted, and enforced in criminal proceedings, drawing on landmark decisions from the ECtHR and CJEU, and situating them within broader European legal, cultural, and philosophical traditions. By emphasising the normative force of dignity, the article illustrates how it functions as a constraint on punitive power and as a benchmark for legal legitimacy.

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