Enrico Grosso

The uncertain statute of «sanctions» between european Courts and national jurisprudence. An introduction

  • Abstract

Informations and abstract

Keywords: sanction, criminal matter, ne bis in idem, due process of law, proportionality.

The statute of sanctions in the multilevel system has not already found a definitive balance. Supranational Courts try to define some common features among different kinds of sanctions (criminal, administrative, disciplinary etc.), in order to avoid overly repressive or disproportionate consequences of the simultaneous application of different kinds of sanctions to the same facts. Instead, National Courts still tend to adopt formal criteria to distinguish among sanctions. This subject seems to be significant enough to deserve a comparative analysis, based on a transversal observation of each sector in the different countries.

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