Verso la piena affermazione del principio di colpevolezza come diritto fondamentale nel diritto penale europeo, pur con qualche tentennamento

Autor: Maugeri, Anna Maria
Jazyk: italština
Rok vydání: 2022
Předmět:
Towards the full affirmation of the culpability principle as a fundamental right in European criminal law
despite some hesitation. The principle of culpability is a fundamental principle of criminal matters in a rule of law
as stated in the doctrine
but despite the European Court of Human Rights and the Court of Justice have assumed a key role in the recognition of fundamental rights in European law
which despite contradictory and critical issues
based on respect for human dignity and a model of democratic state of law
due to its lack of provision both in the ECHR and in the Charter of Nice. The article describes the case law of the European Court HR and the Court of Justice on the subject
Towards the full affirmation of the culpability principle as a fundamental right in European criminal law
despite some hesitation. The principle of culpability is a fundamental principle of criminal matters in a rule of law
but despite the European Court of Human Rights and the Court of Justice have assumed a key role in the recognition of fundamental rights in European law
this principle has struggled to assert itself
due to its lack of provision both in the ECHR and in the Charter of Nice. The article describes the case law of the European Court HR and the Court of Justice on the subject
as well as the EU legislation on punitive administrative sanctions and more – as interpreted by the CJEU –
which despite contradictory and critical issues
is leading to the affirmation of this principle of legal civilization
functional to the respect of the rehabilitation function of the punishment
as stated in the doctrine
the time is ripe for the principle of culpability to represent a fundamental right of the European Union
based on respect for human dignity and a model of democratic state of law
as well as the EU legislation on punitive administrative sanctions and more – as interpreted by the CJEU –
functional to the respect of the rehabilitation function of the punishment
the time is ripe for the principle of culpability to represent a fundamental right of the European Union
this principle has struggled to assert itself
is leading to the affirmation of this principle of legal civilization
Databáze: OpenAIRE
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