Full 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.
Contents
Acknowledgements
List of Contributors
1. Introduction, Lorenzo Grossio, Stefano Montaldo and Valsamis Mitsilegas
PART A: PROPORTIONALITY OF PENALTIES IN EU CRIMINAL LAW: A THEORETICAL APPRAISAL
2. Conceptualising Proportionality and Criminal Sanctions in EU Law: Three Different Visions, Jacob Öberg
3. The Trinity of Proportionality: Different Dimensions of Proportionality as an EU Criminalisation Principle, Gniewomir Wycichowski-Kuchta
4. Proportionality of Sanctions under EU Law: Insights from Penal Theory, Adriano Martufi
5. The Proportionality and Harm Principles in the European Perspective: A Comparative and Complementary Reading, Vittorio Cama
6. 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
7. Proportionality of Penalties in EU Substantive Criminal Law Legislative Instruments, Chloé Brière
8. Violations of EU Sanctions and Criminal Penalties: Proportionality at Peril?, Lorenzo Bernardini and Francesca Finelli
9. Broadly Unknown, but Deservedly Unloved? Turnover-based Fines and their Transplant from Competition Law to EU Criminal Law, Pedro Caeiro
10. Proportionality of Criminal Penalties and EU Judicial Cooperation, Emanuela Pistoia
11. The EU-UK Extradition Arrangement and the Principle of Proportionality: Some Hints from the Practice of EU Institutions and Italian and UK Legislation and Case-Law on the EAW, Alessandro Rosanò
12. The Proportionality of Criminal Sanctions and Ne Bis In Idem, Araceli Turmo
PART C: THE IMPACT OF THE SUPRANATIONAL PRINCIPLE OF PROPORTIONALITY OF CRIMINAL PENALTIES ON DOMESTIC
LEGAL ORDERS
13. Domestic Sanctions and the Greek Maize Obligation to Impose Effective, Proportionate and Dissuasive Penalties: Empowering National Courts, Stefano Montaldo
14. The Influence of Proportionality of Penalties Derived from EU Law on Domestic Criminal Legislation and Sentencing, Marco Pelissero
15. Tax Penalties and Proportionality: The Search for Consistency. Open Questions for the Coming Years, Stefano Maria Ronco
16. Proportionality of the Penalty of Confiscation: Focus on French and Spanish Criminal Law, Chloé Fauchon
Index
