The constitutionalization of procedural rights in the EU Member States as limit and guarantee of ius puniendi
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Abstract
This study analyzes the constitutionalization of "ius puniendi" in the EU Member States from a comparative approach. The inclusion in the Constitutions of the fundamental principles and values of criminal proceeding aims at ensuring the effective protection of fundamental rights, reaching an equilibrium in the constant conflict between the defendant's liberty and the community security.
Keywords
- Constitution
- Ius Puniendi
- Procedural Rights
- Comparative Method
- EU Member States
