TY  - JOUR
U1  - Zeitschriftenartikel, wissenschaftlich - begutachtet (reviewed)
A1  - Andrijauskaitė, Agnė
T1  - Exploring the penumbra of punishment under the ECHR
JF  - New Journal of European Criminal Law
N2  - Administrative sanctions can be said to dwell in the periphery of punishment because they do not  require setting the wheels of criminal procedure in motion. This allows States to save public resources as well as helps them to escape closer scrutiny at the judicial level. At the same time, the imposition of administrative sanctions usually curtails individual guarantees. Against this background, this article examines where the European Court of Human Rights (ECtHR) draws the line between measures belonging to the ‘hard core of criminal law’ and the periphery. After a presentation of gradual broadening of the ‘criminal limb’ guarantees of Article 6 European Convention on Human Rights to administrative measure of a punitive nature, it explores where do these guarantees meet their limits by taking the approach adopted in the landmark Jussila judgment as a point of departure. Subsequently, a structured analysis of the selected ECtHR case law in which this approach has been applied or – at least – invoked is provided. The article is finished with a reflection on the current interpretation of the said penumbra of punishment, which, among other things, identifies the possible gaps of individual protection, and the outlook for the future.
Y1  - 2019
U6  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-44499
UN  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-44499
SN  - 2032-2844
SS  - 2032-2844
VL  - 10
IS  - 4
SP  - 363
EP  - 375
PB  - Sage
CY  - London
ER  -