Proportionality of Criminal Offences and Penalties in EU Law
A Hybrid Principle
- English
- ePUB (mobile friendly)
- Available on iOS & Android
About this book
This book analyses the theorisation and application of proportionality of criminal offences and penalties in EU law, shedding light on its hybrid nature. In the EU legal order, proportionality amounts to a general principle playing a crucial role in limiting the exercise of EU powers, assessing domestic measures' compatibility with internal market freedoms, and adjudicating fundamental rights. The EU concept of proportionality has a precise theorisation, but the principle assumes a distinct physiognomy in EU criminal law. Indeed, proportionality has a different meaning in criminal law, linked to theories of punishment. Not only do the two understandings of proportionality coexist in EU criminal law, but they are also intertwined, thus giving rise to a hybrid principle. However, their uneasy relationship remains unexplored. To understand this unique interaction, the book deepens theorisation and applications of the hybrid principle of proportionality of criminal offences and penalties in the EU legislative practice on the harmonisation of substantive criminal law and ECJ case law on the review of domestic criminal measures. This analysis gives fresh insights into the relationship between the EU and criminal law concepts of proportionality within the EU legal order.
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Information
Table of contents
- Cover
- Dedication Page
- Title Page
- Foreword by Valsamis Mitsilegas
- Acknowledgements
- Contents
- List of Abbreviations
- Table of Cases
- Table of Legislation
- Introduction
- 1. Proportionality in EU Law: A Multidimensional General Principle
- 2. Proportionality of Criminal Offences and Penalties as a Hybrid Principle of EU Law
- 3. Proportionality of Offences and Penalties in EU Substantive Criminal Law
- 4. Proportionality of Member States’ Criminal Offences and Penalties in the ECJ Case-law
- 5. Conclusion: Reconstructing the Proportionality of Criminal Offences and Penalties in EU Law
- Bibliography
- Index
- Copyright Page