In 2008, for the European Union, the introduction of the Framework Decision - the principle of mutual recognition to judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. The book contains individual Member State reports resulting from legal practitioners' analyses, backed by additional information drawn from monitoring and evaluation conducted at the Council of Europe (Committee for the Prevention of Torture) and United Nation levels. This will be essential reading for EU policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 41)

In 2008, the introduction of the EU's Framework Decision - the principle of mutual recognition of judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. This book contains EU-level legal and practitioners' analyses, as well as the high level final report to the study, confirming preliminary concerns that flanking measures are urgently needed for a proper operation of the Framework Decision. It will be essential reading for policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 40)

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.

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.

This paper provides an overview of European standards and good practices regarding prison conditions. Action by the EU in the field of judicial cooperation in criminal matters is affected by detention conditions across EU Member States. The Council of Europe has adopted numerous recommendations and standards on conditions of life in prison, and the European Court of Human Rights has found that detention conditions may breach the prohibition against torture and ill-treatment. The paper provides an overview of common problems affecting prisons in the EU Member States (from overcrowding to general conditions of life in prison) and describes some of the identified best practices to solve them. Specific attention is paid to pre-trial detention, to the use of alternative (non-custodial) measures, to measures aimed at social reintegration and prevention of recidivism, and to the special safeguards and standards developed as regards vulnerable prisoners (such as children, women, or mentally ill detainees).

Reviewing European policy with respect to different phases in the criminal justice chain, the contributions in this book range from looking into the extension of criminalization in the sphere of trafficking in human beings and labor exploitation, to the operability of cross-border execution of sentences involving deprivation of liberty. Most contributions look into the need to develop a conceptual framework to support future policy making, pointing to the lack thereof with respect to liability of legal persons, ne bis in idem as an EU principle, cross-border effect of disqualifications, and cooperation with private security actors. One essay looks into the public expenditure in different phases of the criminal justice chain, based on a case study on the public expenditure of Belgian drug policy. Additionally, from a historical and comparative perspective, the book analyzes specific European and Chinese interrogation rules to provide a solid context for the current situation and to support future legal reforms. (Series: Governance of Security (GofS) Research Paper - Vol. 7)