Individualizarea judiciară a pedepselor şi principiul proporţionalităţii
Judicial individualization of punishments and proportionality
Author(s): Flaviu CiopecSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: sentencing; proportionality; margin of appreciation; the test of necessity applied to penalties; lawful interference; standard of adequate penalty; judge
Summary/Abstract: Essentially, respecting the principle of proportionality implies that the judge shall fulfill the requirements of repressive justice, i.e. shall find the balance between the severity of penalties and the actual seriousness of offences. Finding that balance is a highly complex issue. The present study attempts at identifying the manner in which the said principle operates in Romanian legal practice, based on a few coordinates to be found in the case-law of the ECHR in Strasbourg and the CJEC in Luxembourg.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2011
- Issue No: 2
- Page Range: 29-38
- Page Count: 9
- Language: Romanian
