The extent to which both parliamentary and
judicial control mechanisms will be combined nevertheless remains to be seen and will depend both on how the Court continues its line of James Elliott Construction cases and how many parliamentary recommendations are inserted in the Commission's upgraded standardisation package.
The solution proposed to tackle those difficulties is nevertheless fundamentally different: the Court would intervene ex post to clarify the meaning and assess the legality of a standard as part of EU law, whereas the Parliament calls for more ex ante
control mechanisms being put in place and seems to ignore the possibility of ex post
judicial control in this particular context.
The Model Penal Code: Sentencing project provides guidance on some of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes of the sentencing system; rules governing sentence severity — including sentences of incarceration, community supervision, and economic penalties; the elimination of mandatory minimum penalties;
mechanisms for combating racial and ethnic disparities in punishment; instruments of prison population
control; victims» rights in the sentencing process; the sentencing of juvenile offenders in adult courts; the creation of
judicial powers to review many collateral consequences of conviction; and many issues having to do with
judicial sentencing discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.
That is because subjecting HSs to
judicial control is a good opportunity to provide a
mechanism of legal accountability for EU standardisation.