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Proportionality of Criminal Penalties in EU Law

Edited by: Lorenzo Grossio, Stefano Montaldo, Valsamis Mitsilegas

ISBN13: 9781509974191
To be Published: August 2026
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2025)
Price:
Hardback edition , ISBN13 9781509974153





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.

Subjects:
Criminal Law
Contents:
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

Series: Hart Studies in European Criminal Law

Criminal Law and Labour Exploitation ISBN 9781509937714
To be published June 2030
Hart Publishing
£75.00
The European Arrest Warrant at Twenty: Coming of Age> ISBN 9781509961146
To be published February 2028
Hart Publishing
£44.99
EU Fair Trial Rights in Criminal Proceedings ISBN 9781509938643
To be published May 2026
Hart Publishing
£100.00
Corporations and the Privilege Against Self-Incrimination
Stijn LamberigtsEubelius Belgium, Valsamis MitsilegasUniversity of Liverpool UK, Katalin LigetiUniversity of Luxembourg, Anne WeyemberghUniversite Libre de Bruxelles
ISBN 9781509953356
Published July 2024
Hart Publishing
£41.99
Corporations and the Privilege against Self-Incrimination (eBook) ISBN 9781509953325
Published December 2022
Hart Publishing
£37.79
(ePub)
Buy
Corporations and the Privilege against Self-Incrimination ISBN 9781509953318
Published December 2022
Hart Publishing
£85.00
The Fight Against Impunity in EU Law ISBN 9781509945610
Published June 2022
Hart Publishing
£42.99
The Legitimacy of EU Criminal Law ISBN 9781509944392
Published January 2022
Hart Publishing
£37.99
Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509944958
Published February 2021
Hart Publishing
£39.99
The Principle of Mutual Trust in EU Criminal Law ISBN 9781509924547
Published February 2021
Hart Publishing
£95.00
The Principle of Mutual Trust in EU Criminal Law (eBook) ISBN 9781509924554
Published February 2021
Hart Publishing
£37.79
(ePub)
Buy
The Fight Against Impunity in EU Law (eBook) ISBN 9781509926886
Published November 2020
Hart Publishing
£38.69
(ePub)
Buy
The Fight Against Impunity in EU Law ISBN 9781509926879
Published November 2020
Hart Publishing
£100.00
The Legitimacy of EU Criminal Law (eBook) ISBN 9781509919758
Published July 2020
Hart Publishing
£34.19
(ePub)
Buy
The Legitimacy of EU Criminal Law ISBN 9781509919741
Published July 2020
Hart Publishing
£95.00
The Needed Balances in EU Criminal Law: Past, Present and Future ISBN 9781509937493
Published April 2020
Hart Publishing
£64.99
£44.99
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509934744
Published November 2019
Hart Publishing
£39.99
£44.99
£39.99
Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509914975
Published December 2018
Hart Publishing
£95.00
Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook) ISBN 9781509914982
Published December 2018
Hart Publishing
£35.99
(ePub)
Buy
White Collar Crime: A Comparative Perspective (eBook) ISBN 9781509917907
Published November 2018
Hart Publishing
£126.00
(ePub)
Buy
White Collar Crime: A Comparative Perspective ISBN 9781509917891
Published November 2018
Hart Publishing
£140.00
The Needed Balances in EU Criminal Law ISBN 9781509917006
Published December 2017
Hart Publishing
£140.00
Redefining Organized Crime: A Challenge for the European Union? ISBN 9781509904709
Published December 2017
Hart Publishing
£100.00
£40.49
(ePub)
Buy
The Needed Balances in EU Criminal Law (eBook) ISBN 9781509917020
Published December 2017
Hart Publishing
£58.49
(ePub)
Buy
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509903351
Published July 2017
Hart Publishing
£95.00
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
Published July 2017
Hart Publishing
£35.99
(ePub)
Buy
£40.49
(ePub)
Buy
£100.00
£35.99
(ePub)
Buy
Challenges in the Field of Economic and Financial Crime in Europe and the US ISBN 9781509908035
Published February 2017
Hart Publishing
£95.00