Proportionality of Criminal Penalties in EU Law
Series: Hart Studies in European Criminal Law;
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Product details:
- Publisher Hart Publishing
- Date of Publication 6 February 2025
- Number of Volumes Hardback
- ISBN 9781509974153
- Binding Hardback
- No. of pages pages
- Size 234x156 mm
- Language English 795
Categories
Long description:
This book develops a systematic analysis of the principle of proportionality of penalties in EU law.
Until now, the principle has been mainly assessed from a criminological point of view. By departing from existing literature, the book advances an original EU law perspective on proportionality of penalties, which underlies the analysis of its theorisation, place and influence on domestic criminal systems. Building upon this approach, scholarly contributions in the book systematically delve into the various implications of the principle in EU law, while paying particular attention to its profound interaction with criminal law concepts.
Table of Contents:
1. Introduction, Stefano Montaldo, Valsamis Mitsilegas and Lorenzo Grossio
Part A: Proportionality of Penalties in EU Criminal Law: A Theoretical Appraisal
2. Conceptualising Proportionality of Penalties in EU Criminal Law, Jacob Öberg
3. General Proportionality as an EU Criminalisation Principle: Challenges and Practice, Gniewomir Wycichowski-Kuchta
4. Proportionality of Penalties and the Functions of Criminal Penalties in the EU, Adriano Martufi
5. The Interplay between Proportionality of Criminal Penalties and Other General Principles of EU Criminal Law, Irene Wieczorek
6. The Principles of Proportionality and Offensiveness in the European Perspective: A Comparative and Complementary Reading, Vittorio Cama
7. Proportionality of Criminal Penalties between EU Law and the ECHR: An Unattainable Convergence of Standards?, Lorenzo Grossio
Part B: The Role of Proportionality of Penalties in EU Criminal Law
8. Does the EU Legislature Respect its Own Standards and Provide for Proportionate Levels of Penalties?, Chloé Bri?re
9. Violations of EU Sanctions and Criminal Penalties: Proportionality at Peril?, Francesca Finelli and Lorenzo Bernardini
10. Proportionality and the Sanctions Applicable to Legal Entities in the Commission's Proposal for a Directive on the Violation of EU Restrictive Measures (Art. 7(2)(3)): Does the Label Matter?, Pedro Caeiro
11. Proportionality of Criminal Penalties and EU Judicial Cooperation, Emanuela Pistoia
12. Proportionality of Criminal Penalties and the Ne Bis in Idem Principle, Araceli Turmo
13. The EU-UK Extradition Arrangement and the Principle of Proportionality: Some Hints from the UK and Italian Case Law on the EAW, Alessandro Rosan?
Part C: The Impact of the Supranational Principle of Proportionality of Criminal Penalties on Domestic Legal Orders
14. The Impact of Proportionality of Criminal Penalties under EU Law on Member States' Domestic Criminalisation, Maria Bergström
15. Domestic Substantive Criminal Law and the Role of the Greek Maize Obligation to Impose Proportionate, Effective and Dissuasive Penalties for Violations of EU Law, Stefano Montaldo
16. The Influence of Proportionality of Penalties Derived from EU Law on Domestic Criminal Legislation and Sentencing, Marco Pelissero
17. Proportionality and Tax-Related Sanctions: A Quest for Consistency, Stefano Ronco
18. Proportionality of the Penalty of Confiscation: Focus on French and Spanish Criminal Laws, Chloé Fauchon
19. Concluding Remarks, Francesco Vigan?
Proportionality of Criminal Penalties in EU Law
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