Do We Really Need Criminal Sanctions for the Enforcement of EU Law?
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
This article examines how the ‘essentiality’ requirement can limit the exercise of the EU's criminal law competence under Article 83(2) TFEU. Building on criminological research, and contextual and principled considerations, it argues for an evidence-based approach to the ‘essentiality’ criterion. It sustains that the Union legislator must show by empirical proof that criminal laws are more ‘effective’ than non-criminal sanctions in the implementation of a specific EU policy. The article proposes that judicial enforcement is a key mechanism for implementing the ‘essentiality’ criterion. On the basis of the Court's rulings in Kadi II and Tetra Laval a strict procedural test for review of criminal law legislation is suggested. It entails that the EU legislator must show that the justification for exercising the EU's criminal law competence is substantiated by relevant evidence. Because criminal penalties entail severe consequences for individuals and potentially breach their fundamental freedoms such a stringent test is justified.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it