Mind the gaps in the current EU disqualifications policy
auteurs | Charlotte Ryckman |
Wendy De Bondt | |
Gert Vermeulen | |
tijdschrift | Update in de Criminologie (ISSN: ) |
jaargang | 2012 |
aflevering | VI Update in de Criminologie |
onderdeel | Artikelen |
publicatie datum | 20 februari 2012 |
taal | English |
pagina | 32 |
samenvatting | 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, |