Development of Sanctions of Law

We are seeing a trend in many countries towards increased criminalization and more severe sentences. In international law and EU law, international sanctions have developed in a way that may involve the circumvention of basic criminal law and procedural law structures and may ultimately become a threat to human rights. A certain pressure also exists within the EU cooperation to harmonize the sentencing levels.

In this initiative the development taking place within the area of sanctions is examined and the focus is on civil law, criminal law and public law consequences. In Sweden there is a review of the sanctions system, which is examined as part of the program.

Administrative law has long been partly governed by imposing fines or sanction charges as well as through various "civil disabilities", for example trade bans.

On the heels of privatization and globalization there are renewed discussions on how compensations for private individuals may be used as a complement or as an alternative to criminal law and administrative law sanctions.

Certain difficult procedural law issues are also included in this area. For example the copyright holder's access to evidence from internet providers, in cases where there are suspected violations of the File Sharing Act.

Civil law and public law issues are also linked to this. For example to what extent human rights may and should "be protected" through compensation law and to what extent it can be claimed that such compensation would have a preventative effect on the public for the exercising of authority.

Many interesting questions arise at the fundamental level when the three traditional types of legal consequences start to grow together, as the underlying objectives of these legal consequences are so different.

Programme Manager: Iain Cameron