Proportionality of Criminal Penalties in EU Law

(Hardback)

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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.

Author Bio

Stefano Montaldo is Associate Professor of EU Law at the University of Turin, Italy. Valsamis Mitsilegas is Professor of European and Global Law and Dean of the School of Law and Social Justice at the University of Liverpool, UK. Lorenzo Grossio is PhD Candidate in Public, European and International Law at the University of Milan Bicocca, Italy.