When developing a policy with respect to the cross-border effect of disqualifications in the EU, it is important – in absence of a clear, common and binding legal definition that can be used as a basis – to take due account of the differences that currently exist in the member states approach thereto. Firstly, the description of a disqualification found in the Green Paper on approximation covers a wide part of the criminal procedure when it refers not only to disqualifications as penalties but also disqualifications as mere preventive measures. At point 2.1.7 it is stated that “a disqualification is a mere penalty withdrawing or restricting rights or a preventive measure whereby a natural or legal person is prohibited,
for a limited or unlimited period, from exercising certain rights, occupying a position, going to certain places or doing certain things”. Because disqualifications can also take the form of a measure imposed at the pre-trial stage, it is advised not to use the term penalty when designing an EU level policy with respect to disqualifications. Therefore, as was also done in the 2006 Communication, instead of using the term ‘penalty’ the more generic term ‘measure’ is to be preferred.