Proportionality of Criminal Penalties in EU Law

Author: Stefano Montaldo; Valsamis Mitsilegas; Lorenzo Grossio
Publisher: Hart Publishing
ISBN: 9781509974153

Published In: February 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509974191

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Description
Contents

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This book develops a systematic analysis of the principle of proportionality of penalties in EU law.

Taking a four-part approach, the book firstly looks at the protection of victims' rights in EU law and the lessons to be learned from regional and international instruments. It looks specifically at the case law of the CJEU, such as the Victims' Rights Directive and the Compensation Directive. It then goes on to look at the state of play of victims' rights in the national laws of the Member States, such as France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland. Part three addresses the need for coherence and balance between the different interests at stake. Finally, the book looks at the prospects, putting forward a fresh perspective on the topic.

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.

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 Brière

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 Rosanò

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 Viganò