Prospects and Problems for European Legal Cooperation Concerning Prisoners
European Journal of Probation (Forthcoming)
20 Pages Posted: 24 Sep 2015 Last revised: 26 Sep 2015
Date Written: August 10, 2015
Abstract
Formal legal cooperation in matters relating to prisoners has existed at European level for 50 years. With the development of a European Union (EU) competence in criminal law from the Treaty of Maastricht 1992 onwards, now both the Council of Europe and the EU have adopted legal instruments in this sphere. This paper analsyses the scope and rationale of transnational European cooperation relating to prisoners. It first outlines Council of Europe instruments, including the relevance of the European Convention of Human Rights, conventions specifically on prisoners, and soft law. It then examines the more recent EU instruments, following which the relevance of constitutional principles and the prospects and potential difficulties of European cooperation are analysed. It concludes that cooperation can best succeed through a specification of minimum standards and greater coordination between Council of Europe and EU action, along with greater recognition of its specifically penal context.
Keywords: Prison law, Euroepan union, Counil of Europe, international law, punishment, mutual legal assistance
JEL Classification: K14, K33
Suggested Citation: Suggested Citation