@inbook{ebc238a77b63418fa4dc0bb8a3c8d2b7,
title = "Conceptualising Proportionality and Criminal Sanctions in EU Law: Three Different Visions",
abstract = "The principle of proportionality is a key principle in EU law; however, it has distinctive meanings in different contexts. In the field of free movement, proportionality constrains the Member States{\textquoteright} possibilities to diverge from EU law on the basis of the requirement of suitability and necessity. In the area of EU competences it is a principle that guides the relationship between the EU and Member States and requires the EU legislator to use the least intrusive means of regulation/legislation to protect state sovereignty. There is also a third approach to proportionality in the field of EU sanctions and the Court of Justice{\textquoteright}s case-law, which entails that the sanction imposed must be commensurate to the gravity of the offence. This more conventional criminal law {\textquoteleft}retrospective{\textquoteright} version of proportionality has now been enshrined in the Charter of Fundamental Rights and suggests that {\textquoteleft}the severity of penalties must not be disproportionate to the criminal offence{\textquoteright}..",
author = "Jacob {\"O}berg",
note = "The author welcomes the very constructive comments and feedbacks from Stefano Montaldo and Lorenzo Grossio which helped improve the final version of this chapter.",
year = "2025",
month = feb,
day = "6",
doi = "10.5040/9781509974184.ch-002",
language = "English",
isbn = "9781509974153",
series = "Hart Studies in European Criminal Law",
pages = "9--24",
editor = "Grossio, \{Lorenzo \} and Stefano Montaldo and Valsamis Mitsilegas",
booktitle = "Proportionality of Criminal Penalties in EU Law",
publisher = "Hart Publishing",
}