Principles of European Prison Law and Policy

Principles of European Prison Law and Policy
Author: Dirk van Zyl Smit
Publisher: OUP Oxford
Total Pages: 488
Release: 2009-01-08
Genre: Law
ISBN: 0191018821
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In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.

EU Criminal Law and Policy

EU Criminal Law and Policy
Author: Joanna Beata Banach-Gutierrez
Publisher: Routledge
Total Pages: 274
Release: 2016-07-28
Genre: Law
ISBN: 1317427610
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The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

European Prison Rules

European Prison Rules
Author: Council of Europe. Committee of Ministers
Publisher: Council of Europe
Total Pages: 133
Release: 2006-01-01
Genre: Law
ISBN: 9287159823
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This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.

The Evolving Protection of Prisoners’ Rights in Europe

The Evolving Protection of Prisoners’ Rights in Europe
Author: Gaëtan Cliquennois
Publisher: Taylor & Francis
Total Pages: 232
Release: 2022-12-30
Genre: Law
ISBN: 1000824179
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The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

European Penology?

European Penology?
Author: Tom Daems
Publisher: Bloomsbury Publishing
Total Pages: 384
Release: 2013-05-17
Genre: Law
ISBN: 1782251294
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Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

Release from Prison

Release from Prison
Author: Nicola Padfield
Publisher: Routledge
Total Pages: 476
Release: 2013-01-11
Genre: Social Science
ISBN: 1134029268
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Release from prison is matter of increasing interest throughout Europe. On the one hand, arguments about the need to reduce prison numbers, as well the consistent findings that prisoners can be integrated into society more effectively if they are subject to a period of supervision in the community, have made early release policies attractive to governments and to academic commentators. On the other hand, there are concerns that early release may not be applied fairly to all prisoners. This book aims to meet the need for comparative information on release from prison across Europe and explores some of the key themes and issues. The body of the book focuses on country perspectives, providing an invaluable survey of the situation in a number of European countries. The introductory and concluding chapters place the comparative material in a broader perspective. They explain how release policy is related to wider questions about justice and fairness in prison-related decision-making and the changing place of imprisonment in European society.

Legitimizing European Criminal Law

Legitimizing European Criminal Law
Author: Merita Kettunen
Publisher: Springer Nature
Total Pages: 278
Release: 2019-11-08
Genre: Law
ISBN: 3030161749
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The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.

Prison Law

Prison Law
Author: Stephen Livingstone
Publisher: Oxford University Press, USA
Total Pages: 856
Release: 2008
Genre: Law
ISBN:
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This book offers a comprehensive outline of the legal rights and duties of prisoners. It sets out the law on such matters as discipline, visits, letters, release and conditions of imprisonment.

The Evolving Protection of Prisoners' Rights in Europe

The Evolving Protection of Prisoners' Rights in Europe
Author: Gaëtan Cliquennois
Publisher: Routledge
Total Pages: 0
Release: 2022-12-30
Genre: Law
ISBN: 9780429317033
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"The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: ] A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. ] An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture...) and their reinforced framing of domestic penal and prison policies. ] A detailed examination of the impacts of the European case law on penal and prison policies within 10 nation states in Europe (including Romania which is currently very under-researched). ] A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology, and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs"--

What Kind Or Criminal Policy for Europe?

What Kind Or Criminal Policy for Europe?
Author: Mireille Delmas-Marty
Publisher: Martinus Nijhoff Publishers
Total Pages: 368
Release: 1996-10-23
Genre: Law
ISBN: 9789041103109
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Europe is caught between the extreme diversity of national systems and the increasing complexity of supranational institutions. Some fear the worst. They claim that diversity is linked to insecurity because, from one country to another, the sanction for the same crime varies considerably. Several years' experience has shown in cases of transborder crimes, that the development of mutual assistance pacts improves the efficiency of the national systems. Beyond that, it seems inevitable that at least in the area of frauds against Community financial interests, we will arrive at a system of Community penal and administrative sanctions to meet the demand of the European Parliament, on the condition that the sanctions respect the democratic principles of legality and an independent judiciary. Starting from the plurality of European legal sources (Community law, the Conventions of the Council of Europe, the Schengen Accords, the Conference on Security and Cooperation) and their underlying logic (national interests European interests, security/protection of the fundamental rights), this volume examines their impact on the subjects of the Maastricht Treaty. After describing practices of control and sanction, as well as procedures and guarantees, it tackles the ultimate question of common guiding principles. The bet being that, beyond the bottom line of current penal policy, could be the design for - in the singular, no longer the plural - a criminal policy for the Europe of tomorrow.