Administrative and Criminal Liability: Toward Sustainability

Abstract

The fifth chapter (“Administrative and Criminal Liability: Toward Sustainability”) covers the problem of coherence and harmonization between administrative and criminal liability. When examining the issues of the coherence and harmonization of administrative and criminal liability in Europe, it should be noted that EU law does not provide a consistent set of constituent elements that characterize an administrative sanction and allow it to be distinguished from criminal sanctions. The purpose of administrative sanctions is the same as criminal sanctions: to punish violations of the law. However, criminal sanctions (such as imprisonment) have traditionally been more severe and carry greater social stigma than administrative sanctions. Because of the potential severity of criminal sanctions, there are many procedural safeguards, and they are almost exclusively imposed by the courts. Administrative sanctions are used for behavior that is not criminal in nature and may not require severe sanctions. Therefore, the term “administrative” is used in legal acts to indicate the non-criminal nature of sanctions and the main role of the administrative authority in sanctioning. This study, therefore, proceeds to consider how criminal liability and administrative liability should be combined.