Nicola Recchia

The Proportionality of Punishment in the Triangulation Among Ordinary Courts, Constitutional Court, and Court of Justice of the Eu

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Abstract

The paper traces recent developments on the safeguard of proportionality of punishment in the case law of the Italian Constitutional Court and of the Court of Justice of the European Union, also from the very perspective of the relationship between these two Courts and between them and ordinary courts. Highlighted in this contribution are above all the constitutional aspects of this safeguard: from its legal qualification to its scope; from the constitutional remedies available to the individual to the stages of the constitutional adjudication on proportionality of punishment.

Keywords

  • Proportionality
  • Punishment
  • rime obbligate
  • tertium comparationis

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