Evaluación Legislativa y Racionalidad en el Ámbito Penal Europeo (y Nacional)

Abstract

States and supranational or international organizations promote (too much) legislation to regulate so- cial, economic, and all other kinds of citizen demands. After that, the parliaments, and in Europe the Council of the European Union, pass this (too much) legislation, making the people subject to the consequences of these regulations, most of the times without kwnodlege nor understanding of their implications. Would not it be logical, therefore, to question the usefulness of laws, their internal consistency, their implementation conditions, their consequences for judges, their perverse effects, as well as the global coherence of the legal field? With this general question as a starting point this paper focuses on the potential of ex-post legislative evaluation as a technique able to promote rationality in European and national processes of legislative production in criminal matters.