Proportionality of Criminal Penalties in EU Law

Lorenzo Grossio is Postdoctoral Research Fellow in EU Law at the University of Turin, Italy. 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.

1. Introduction, Stefano Montaldo, Valsamis Mitsilegas and Lorenzo Grossio

Part A: Proportionality of Penalties in EU Criminal Law: A Theoretical Appraisal

2. Conceptualising Proportionality of Penalties in EU Criminal Law, Jacob Öberg
3. General Proportionality as an EU Criminalisation Principle: Challenges and Practice, Gniewomir Wycichowski-Kuchta
4. Proportionality of Penalties and the Functions of Criminal Penalties in the EU, Adriano Martufi
5. The Interplay between Proportionality of Criminal Penalties and Other General Principles of EU Criminal Law, Irene Wieczorek
6. The Principles of Proportionality and Offensiveness in the European Perspective: A Comparative and Complementary Reading, Vittorio Cama
7. 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

8. Does the EU Legislature Respect its Own Standards and Provide for Proportionate Levels of Penalties?, Chloé Brière
9. Violations of EU Sanctions and Criminal Penalties: Proportionality at Peril?, Francesca Finelli and Lorenzo Bernardini
10. Proportionality and the Sanctions Applicable to Legal Entities in the Commission’s Proposal for a Directive on the Violation of EU Restrictive Measures (Art. 7(2)(3)): Does the Label Matter?, Pedro Caeiro
11. Proportionality of Criminal Penalties and EU Judicial Cooperation, Emanuela Pistoia
12. Proportionality of Criminal Penalties and the Ne Bis in Idem Principle, Araceli Turmo
13. The EU-UK Extradition Arrangement and the Principle of Proportionality: Some Hints from the UK and Italian Case Law on the EAW, Alessandro Rosanò

Part C: The Impact of the Supranational Principle of Proportionality of Criminal Penalties on Domestic Legal Orders

14. The Impact of Proportionality of Criminal Penalties under EU Law on Member States’ Domestic Criminalisation, Maria Bergström
15. Domestic Substantive Criminal Law and the Role of the Greek Maize Obligation to Impose Proportionate, Effective and Dissuasive Penalties for Violations of EU Law, Stefano Montaldo
16. The Influence of Proportionality of Penalties Derived from EU Law on Domestic Criminal Legislation and Sentencing, Marco Pelissero
17. Proportionality and Tax-Related Sanctions: A Quest for Consistency, Stefano Ronco
18. Proportionality of the Penalty of Confiscation: Focus on French and Spanish Criminal Laws, Chloé Fauchon
19. Concluding Remarks, Francesco Viganò