52 168. Finally, the Commission takes into account that Article 31 of the Regulations of the Judicial Carrer Council expressly forbids remedies to challenge decisions of the Judicial Carrer Council. This is another manifestation of the lack of access to judicial protection in this case. C. Principle of Freedom from Ex Post Facto Laws 169. Article 9 of the American Convention provides that: No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed. If subsequent to the commission of the offense the law provides for the imposition of a lighter punishment, the guilty person shall benefit therefrom. 170. Article 1(1) of the American Convention reads as follows: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 171. Article 2 of the American Convention states that: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 1. Observations on the principle of freedom from ex post facto laws in the context of disciplinary proceedings 172. The principle of freedom from ex post facto laws, or principle of legality, is one of the pre-eminent principles governing the conduct of all organs of the State in their respective areas of competence, particularly in the exercise of punitive authority.261 By virtue of the principle of legality, the definition of an act as unlawful and the determination of its legal effects must precede the conduct of the subject regarded as the offender.262 The principle requires a clear definition of the punishable 261 I/A Court H.R. Case of Ricardo Canese v. Paraguay. Judgment of August 31, 2004. Series C No. 111. Paragraph 176. Citing: I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Judgment of February 2, 2001. Series C No. 72, paragraph 107. 262 I/A Court H.R. Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Judgment of February 2, 2001. Series C No. 72, paragraph 106. Citing. Eur. Court H.R., Ezelin judgement of 26 April 1991, Series A no. 202, para. 45; and Eur. Court H.R. Müller and Others, judgement of 24 May 1988, Series A no. 133, para. 29.

Seleccionar párrafo de destino3