Law-ref.org TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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guilt [Global Index]


ARTICLE-II-108: Presumption of innocence and right of defence     [go to this ARTICLE]
... Everyone who has been charged shall be presumed innocent until proved guilty according to law. ...


ARTICLE-II-109: Principles of legality and proportionality of criminal offences and penalties     [go to this ARTICLE]
... No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable. ...


... The Ombudsman may be dismissed by the Court of Justice at the request of the European Parliament if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct. ...


... If any member of the Commission no longer fulfils the conditions required for the performance of his or her duties or if he or she has been guilty of serious misconduct, the Court of Justice may, on application by the Council, acting by a simple majority, or by the Commission, compulsorily retire him or her. ...