Proportionality of Criminal Offences and Penalties in EU Law

A Hybrid Principle

Lorenzo Grossio (University of Turin, Italy)

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Hardback

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English

Hart Publishing
26 June 2025

Criminal law & procedure

Series: Hart Studies in European Criminal Law

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.

By: Lorenzo Grossio (University of Turin Italy)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 238mm, Width: 160mm, Spine: 20mm
Weight: 560g
ISBN: 9781509984749
ISBN 10: 1509984747
Series: Hart Studies in European Criminal Law
Pages: 252
Publication Date: 26 June 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Foreword Table of Cases 1. Introduction Part A: A Conceptual Appraisal 2. Proportionality in EU Law: A Multidimensional Principle 3. Proportionality of Criminal Offences and Penalties as a Hybrid Principle in EU Law Part B: The Hybrid Principle’s Application 4. Proportionality of Offences and Penalties in EU Substantive Criminal Law 5. The ECJ Proportionality Review of Member States’ Criminal Offences and Penalties 6. Conclusion: Reconstructing the Proportionality of Criminal Offences and Penalties in EU Law Bibliography Index

Lorenzo Grossio is Research Fellow at the University of Turin, Italy.