Abstract
Although it is not a secret that the precise implications of the proportionality principle in criminal law matters are still subject to debate, up until now, this has not been perceived as problematic. However, analysis reveals that the poor framing of the proportionality principle has some extreme negative consequences in transnational (EU) settings. The vague and inconsistent interpretation of the proportionality principle could not only result in disproportionate sentences, but could also give rise to an infringement of the equality principle. This contribution aims to stress and challenge these insufficiencies of the theoretical framework by exploring the gaps that urgently need to be dealt with. Furthermore, some possible solutions are thoroughly examined.
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