Event

Proportionality of Criminal Penalties in EU Law

As a multi-dimensional general principle of the EU legal order, proportionality plays a key role in the development of national and EU criminal law. Against that background, the Lisbon Treaty gave autonomous significance to the principle of proportionality of penalties, now enshrined in Article 49(3) of the Charter, providing that “the severity of penalties must not be disproportionate to the criminal offence”. While the potential of that provision has long being neglected by the Court of Justice, most recent case-law provides evidence of a structural paradigm shift. The Court has recently acknowledged that these expressions of proportionality reiterate the principle enshrined in Article 49(3) of the Charter. What is more, it has also recognised that the principle of proportionality of penalties enjoys direct effect.

This evolution marks the emergence of a distinct theoretical identity for proportionality of criminal penalties in the EU legal order and raises an array of systemic questions, ranging from its relationship with the general proportionality principle to its impact on domestic criminal systems and the EU legal order. With a view to foster deeper reflection on proportionality of penalties at the EU level, the conference gathers key experts in the field for a discussion on the principle’s theorisation and place in the EU legal order, as well as on its impact on Member States’ criminal systems.

Details on the program, fee and registration can be found on the conference website.