Proportionality Of Criminal Penalties In Eu Law
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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.
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.
The Principle Of Proportionality In The Laws Of Europe
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Author : Evelyn Ellis
language : en
Publisher: Hart Publishing
Release Date : 1999-03-19
The Principle Of Proportionality In The Laws Of Europe written by Evelyn Ellis and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-19 with Law categories.
This book of essays examines the meaning of proportionality in a number of different contexts.
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 European Union And Deprivation Of Liberty
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Author : Leandro Mancano
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-02
The European Union And Deprivation Of Liberty written by Leandro Mancano and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with Law categories.
The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
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.
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.
Eu Administrative Law
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Author : Paul Craig
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-03-22
Eu Administrative Law written by Paul Craig and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.
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.
Eu Law
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Author : Pau Craig
language : en
Publisher: Oxford University Press
Release Date : 2024
Eu Law written by Pau Craig and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.