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Projects / Programmes source: ARIS

Harmonisation of Penal Sanctions in Europe - The Slovenian Perspective

Research activity

Code Science Field Subfield
5.07.00  Social sciences  Criminology and social work   

Code Science Field
S149  Social sciences  Criminal law, criminal proceedings 
S150  Social sciences  International private and public law 
S160  Social sciences  Criminology 
Keywords
european criminal law, penal sactions, harmonisation of legal systems, participation in european integration processes
Evaluation (rules)
source: COBISS
Researchers (2)
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  16390  PhD Marko Bošnjak  Criminology and social work  Researcher  2003 - 2004  195 
2.  00413  PhD Alenka Šelih  Criminology and social work  Head  2003 - 2004  637 
Organisations (1)
no. Code Research organisation City Registration number No. of publicationsNo. of publications
1.  0504  Institute of Criminology at the Faculty of Law  Ljubljana  5051525000  4,589 
Abstract
The project with the process of harmonisation of penal sanctions in Europe from different perspectives. The first perspective is a consistent study of heterogenious EU law of penal sanctions and of its developments. The second purpose of the proposed project is an evaluation of the harmonisation process and of its effects, for several constitutional, theoretical and crime policy arguments for and against harmonisation have been raised. Similarly, there is a discussion on possible positive and negative effects of harmonisation, whereby the probability of these effects has to be studied. The third purpose is an evaluation of the future intensity of harmonisation (hard law vs. soft law) and of its scope (special part vs. general part of the substantive criminal law, criminalizations of acts vs. prescription of punishment, law in books vs. law in action (e.g. punishment policy of the courts), modification of penal sanction in the course of their enforcement). The fourth purpose is the search for the goal of harmonisation: should the latter mean a common denominator among European countries or could it mean also a quest for solutions promoting common European values (so called better law). Finally the harmonisation process shall be highlighted from the Slovenian perspective: possibilities and obstacles for the Slovenian accession to harmonisation of penal sanctions shall be identified; original Slovenia solutions and contributions shall be offered for the possible development of the harmonisation process in the direction of a better law.
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