For the purposes of Article 71 an offence must be clearly defined in law2, although it is sufficient if legislation provides a general description which is then interpreted and applied by the courts3. The European Court of Human Rights will not question national courts' interpretation of domestic law unless there has been flagrant non-observance or arbitrariness in the application of the relevant provisions4. An offence will be sufficiently certain where the individual is able to regulate his position by reference to legislation and the published case law which has interpreted it5. It has been said that to be sufficiently
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