An important gap in EU criminal policy making relates to the EU wide effect of disqualifications. Despite the fact that in recent years a number of instruments have been adopted with respect to more traditional sanction measures such as deprivation of liberty and fines, the complexity that comes with the hybrid nature of ‘disqualifications’ has caused political initiatives to be delayed time after time. More recently, it has been reaffirmed that gradually extending the effects of disqualifications throughout the EU is a policy priority. This contribution is linked to a recent European Commission study launched in light of the said policy priority and conducted by the authors. Having contextualised the concept of disqualifying measures looking into their hybrid nature (both sanctions as well as preventive measures) and the legislative variety in the member states (both in typology as well as with respect to the offences involved and the authorities qualified to impose a disqualification measure), the EU policy is evaluated.
First, the current status questionis is reviewed pointing to (1) the lack of a binding definition at EU level, (2) the existing scattered provisions and (3) the practical problems with respect to information exchange. Second, the proposed future disqualification regimes are elaborated on, suggesting a combination of (1) a set of approximated disqualifications for a set of approximated offences, (2) the transfer of execution to the member state of residence and (3) the attribution of effects to foreign convictions that are equivalent to the effects national convictions provoke. Third, a case study on the functioning of disqualifications in the area of working with children is developed. In light thereof, the recent Directive on sexual exploitation of children is evaluated against the background of the proposed future disqualification triad.