- Author
- Nele Audenaert (UGent)
- Organization
- Abstract
- Although it is not a secret that the precise implications of the proportionality principle in criminal law matters are still subject to debate, up until now, this has not been perceived as problematic. However, analysis reveals that the poor framing of the proportionality principle has some extreme negative consequences in transnational (EU) settings. The vague and inconsistent interpretation of the proportionality principle could not only result in disproportionate sentences, but could also give rise to an infringement of the equality principle. This contribution aims to stress and challenge these insufficiencies of the theoretical framework by exploring the gaps that urgently need to be dealt with. Furthermore, some possible solutions are thoroughly examined.
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01GS2PSN69SAHSNDT57QXB91QC
- MLA
- Audenaert, Nele. “Mind the Proportionality Gap!” EUROPEAN CRIMINAL LAW REVIEW, vol. 12, no. 2, 2022, pp. 150–77, doi:10.5771/2193-5505-2022-2-150.
- APA
- Audenaert, N. (2022). Mind the proportionality gap! EUROPEAN CRIMINAL LAW REVIEW, 12(2), 150–177. https://doi.org/10.5771/2193-5505-2022-2-150
- Chicago author-date
- Audenaert, Nele. 2022. “Mind the Proportionality Gap!” EUROPEAN CRIMINAL LAW REVIEW 12 (2): 150–77. https://doi.org/10.5771/2193-5505-2022-2-150.
- Chicago author-date (all authors)
- Audenaert, Nele. 2022. “Mind the Proportionality Gap!” EUROPEAN CRIMINAL LAW REVIEW 12 (2): 150–177. doi:10.5771/2193-5505-2022-2-150.
- Vancouver
- 1.Audenaert N. Mind the proportionality gap! EUROPEAN CRIMINAL LAW REVIEW. 2022;12(2):150–77.
- IEEE
- [1]N. Audenaert, “Mind the proportionality gap!,” EUROPEAN CRIMINAL LAW REVIEW, vol. 12, no. 2, pp. 150–177, 2022.
@article{01GS2PSN69SAHSNDT57QXB91QC,
abstract = {{Although it is not a secret that the precise implications of the proportionality principle in criminal law matters are still subject to debate, up until now, this has not been perceived as problematic. However, analysis reveals that the poor framing of the proportionality principle has some extreme negative consequences in transnational (EU) settings. The vague and inconsistent interpretation of the proportionality principle could not only result in disproportionate sentences, but could also give rise to an infringement of the equality principle. This contribution aims to stress and challenge these insufficiencies of the theoretical framework by exploring the gaps that urgently need to be dealt with. Furthermore, some possible solutions are thoroughly examined.}},
author = {{Audenaert, Nele}},
issn = {{2191-7442}},
journal = {{EUROPEAN CRIMINAL LAW REVIEW}},
language = {{eng}},
number = {{2}},
pages = {{150--177}},
title = {{Mind the proportionality gap!}},
url = {{http://doi.org/10.5771/2193-5505-2022-2-150}},
volume = {{12}},
year = {{2022}},
}
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