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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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penalty
[
Global Index
]
ARTICLE-II-62
: Right to life [
go to this ARTICLE
]
... No one shall be
condemned
to the
death penalty
, or
executed
. ...
ARTICLE-II-79
: Protection in the event of removal, expulsion or extradition [
go to this ARTICLE
]
... No one may be
removed
,
expelled
or
extradited
to a
State
where there is a
serious
risk
that he or she would be subjected to the
death penalty
,
torture
or other
inhuman
or
degrading treatment
or
punishment
. ...
ARTICLE-II-109
: Principles of legality and proportionality of criminal offences and penalties [
go to this ARTICLE
]
...
Principles
of
legality
and
proportionality
of
criminal offences
and
penalties
...
... No one shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
which did not
constitute
a
criminal offence
under
national law
or
international law
at the
time
when it was committed. Nor shall a heavier
penalty
be imposed than that which was applicable at the
time
the
criminal offence
was committed. If,
subsequent
to the
commission
of a
criminal offence
, the
law
provides for a lighter
penalty
, that
penalty
shall be applicable. ...
... No one shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
which did not
constitute
a
criminal offence
under
national law
or
international law
at the
time
when it was committed. Nor shall a heavier
penalty
be imposed than that which was applicable at the
time
the
criminal offence
was committed. If,
subsequent
to the
commission
of a
criminal offence
, the
law
provides for a lighter
penalty
, that
penalty
shall be applicable. ...
... No one shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
which did not
constitute
a
criminal offence
under
national law
or
international law
at the
time
when it was committed. Nor shall a heavier
penalty
be imposed than that which was applicable at the
time
the
criminal offence
was committed. If,
subsequent
to the
commission
of a
criminal offence
, the
law
provides for a lighter
penalty
, that
penalty
shall be applicable. ...
... The severity of
penalties
must not be
disproportionate
to the
criminal offence
. ...
ARTICLE-III-163
[
go to this ARTICLE
]
... to ensure
compliance
with the
prohibitions
laid down in
Article
III-161
(1) and in
Article
III-162
by making
provision
for fines and
periodic penalty payments
; ...
ARTICLE-III-190
[
go to this ARTICLE
]
... The
Council
shall, under the
procedure
laid down in
Article
III-187
(4),
adopt
the
European regulations
establishing
the
limits
and
conditions
under which the
European Central Bank
shall be entitled to impose fines or
periodic penalty payments
on undertakings for failure to comply with
obligations
under its
European regulations
and
decisions
. ...
ARTICLE-III-362
[
go to this ARTICLE
]
... If the
Commission
considers that the
Member State
concerned
has not taken the necessary
measures
to comply with the
judgment
referred to in paragraph 1, it may bring the
case
before the
Court of Justice
of the
European Union
after giving that
State
the
opportunity
to submit its
observations
. It shall specify the
amount
of the lump sum or
penalty payment
to be
paid
by the
Member State
concerned
which it considers appropriate in the
circumstances
. ...
... If the
Court
finds
that the
Member State
concerned
has not complied with its
judgment
it may impose a lump sum or
penalty payment
on it. ...
... When the
Commission
brings a
case
before the
Court of Justice
of the
European Union
pursuant to
Article
III-360
on the grounds that the
Member State
concerned
has failed to fulfil its
obligation
to notify
measures
transposing a
European
framework law
, it may, when it deems appropriate, specify the
amount
of the lump sum or
penalty payment
to be
paid
by the
Member State
concerned
which it considers appropriate in the
circumstances
. ...
... If the
Court
finds
that there is an
infringement
it may impose a lump sum or
penalty payment
on the
Member State
concerned
not exceeding the
amount
specified by the
Commission
. The
payment
obligation
shall take
effect
on the
date
set by the
Court
in its
judgment
. ...
ARTICLE-III-363
[
go to this ARTICLE
]
...
European laws
and
regulations
of the
Council
may give the
Court of Justice
of the
European Union
unlimited
jurisdiction
with
regard
to the
penalties
provided for in them. ...
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