Proportionality Of Criminal Offences And Penalties In Eu Law
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Proportionality Of Criminal Offences And Penalties In Eu Law
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Author : Lorenzo Grossio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-06-26
Proportionality Of Criminal Offences And Penalties In Eu Law written by Lorenzo Grossio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-26 with Law categories.
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.
Proportionality Of Criminal Penalties In Eu Law
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Author : Lorenzo Grossio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-02-06
Proportionality Of Criminal Penalties In Eu Law written by Lorenzo Grossio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-06 with Law categories.
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.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
The Legal Regulation Of Environmental Crime
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Author : Valsamis Mitsilegas
language : en
Publisher: BRILL
Release Date : 2022-01-17
The Legal Regulation Of Environmental Crime written by Valsamis Mitsilegas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
The Legal Regulation of Environmental Crime - The International and European Dimension provides a comprehensive analysis of the international and EU legal regimes for tackling environmental crime. The book includes an in-depth analysis of the major international conventions as they relate to the regulation of environmental crime (CITES, Basel, MARPOL) and provides a holistic overview of the evolution and content of EU law in the field of environmental crime, covering substantive criminal law harmonisation, judicial cooperation and the role of EU criminal justice bodies and agencies (Europol, Eurojust and the EPPO) in fighting environmental crime. Further, the book addresses key recent policy and legislative developments in the field and offers a timely contribution to legal reform in view of the publication of new proposals on legislation on environmental crime at EU level.
The Eu Charter Of Fundamental Rights
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Author : Steve Peers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-11-18
The Eu Charter Of Fundamental Rights written by Steve Peers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Law categories.
“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
Terra Wattel European Tax Law
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Author : Peter J. Wattel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-20
Terra Wattel European Tax Law written by Peter J. Wattel and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-20 with Law categories.
Peter J. Wattel is Advocate General in the Supreme Court of the Netherlands, State Councillor extraordinary in the Netherlands Council of State and professor of EU tax law at the Amsterdam Centre for Tax Law (ACTL), University of Amsterdam. Otto Marres is professor at the ACTL and tax lawyer at Meijburg & Co., Amsterdam. Hein Vermeulen is professor at the ACTL and Director of PwC’s EU Direct Tax Group. The seventh edition of this two-volume set brings a comprehensive and systematic survey of European Tax Law up to January 2018. It provides a state of the art clarification and analysis of the implications of the EU Treaties and secondary EU law for national and bilateral tax law. From the consequences of the EU free movement rights - to the soft law meant to put a halt to harmful tax competition. The seventh edition of European Tax Law offers a cutting-edge analysis of the field surrounding tax law across Europe. It puts forward a thought-provoking discussion of the current EU tax rules, as well as of the EU Court’s case law in tax matters. Previous editions were highly regarded as a staple overview of EU tax law among EU tax law practitioners, policymakers, the judiciary and academics alike. With its updated legislation and case-law up to January 2018, this new edition maintains its unparalleled depth and clarity as the go-to reference book in the field. This first volume of ‘European Tax Law’ extensively covers: 1. The consequences of the EU free movement rights, the EU State aid prohibition, the EU Charter of Fundamental Rights and the general principles of EU law for national tax law, tax treaties, national (tax) procedure, State liability and relations with third States, as they appear from the case law of the Court of justice of the EU 2. Secondary EU law in force and proposed on direct taxes: the Parent-Subsidiary Directive, the Tax Merger Directive, the Interest and Royalties Directive, cross-border tax dispute settlement instruments, the Anti-Tax Avoidance Directive and the C(C)CTB proposal 3. The exchange of information and other administrative assistance in the assessment and recovery of taxes between the EU Member States 4. Soft Law on Harmful Tax Competition 5. Procedural matters and the extent of judicial protection The upcoming second volume of this set will cover harmonization of indirect taxation, energy taxation and capital duty, as well as administrative cooperation in the field of indirect taxation.
Hague Yearbook Of International Law Annuaire De La Haye De Droit International Vol 25 2012
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Author : Nikolaos Lavranos
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2017-06-01
Hague Yearbook Of International Law Annuaire De La Haye De Droit International Vol 25 2012 written by Nikolaos Lavranos and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Law categories.
The title of the Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Yearbook’s aim of devoting attention to developments taking place in the international law institutions based in The Hague. However, the Yearbook has a broader scope as well: to offer a platform for review of new developments in the field of international law. As of the 2010 Volume, the Yearbook has been compiled by a new and expanded Editorial Board, offering fresh ideas and a new approach. A newly established Advisory Board has also been added, including ICJ Judge Bruno Simma, Serge Brammertz, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY), Jacomijn J. van Haersolte-van Hof, advocate (advocaat) at HaersolteHof and arbitrator (The Netherlands) and Professor Peter Hilpold, Innsbruck University (Austria). Sections have been created on public international law, private international law, international investment law and international criminal law, containing in-depth articles on current issues. The breadth of the Yearbook’s content thus offers an interesting and valuable illustration of the dynamic developments in the various sub-areas of international law.
The New Eu Counter Terrorism Offences And The Complementary Mechanism Of Controlling Terrorist Financing As Challenges For The Rule Of Law
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Author : Nikoletta Karaliota
language : en
Publisher:
Release Date : 2020
The New Eu Counter Terrorism Offences And The Complementary Mechanism Of Controlling Terrorist Financing As Challenges For The Rule Of Law written by Nikoletta Karaliota and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Rule of law categories.
This study analyses the modern EU counter-terrorism trends, focusing on the new terrorist crimes of Directive (EU) 2017/541 and on preventive counter-terrorism measures aiming to deter terrorist financing. It concludes by noting a 'paradigm shift' between repression and prevention in the field of countering terrorism, while suggesting relevant proposals.
Day Fines In Europe
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Author : Elena Kantorowicz-Reznichenko
language : en
Publisher: Cambridge University Press
Release Date : 2021-07
Day Fines In Europe written by Elena Kantorowicz-Reznichenko and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07 with Law categories.
The first comprehensive analysis of income-dependent fines (day fines), which can improve criminal sentencing by reducing inequality and short-term imprisonment.
Proportionality In Crime Control And Criminal Justice
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Author : Emmanouil Billis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-04-22
Proportionality In Crime Control And Criminal Justice written by Emmanouil Billis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.
This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.