The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states.
Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems.
This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.
Gaëtan Cliquennois is senior fellow for the French National Centre for Scientific Research at the University of Strasbourg. He is affiliated with the Centre for the Study of Penal Law at the University of Louvain-la-Neuve and has been visiting scholar at the University of Cambridge, the London School of Economics, the European University Institute and the College of Europe.
Hugues de Suremain is researcher in law and barrister. He is an expert of prisoners' rights and prison litigation before the European Court of Human Rights. He was formerly responsible officer of the legal and litigation section of the International Prison Observatory (OIP) in France. He is co-founder and leader of the NGO "Prison Litigation Network" that is funded by the European Commission.
Foreword (Jonathan Simon)
1. The European monitoring of national penal and prison policies: influence and shaping (Gaëtan Cliquennois)
Part I: Cooperation, acceptance and integration of the European monitoring
2. Monitoring prisons in Germany: the role of the European Court of Human Rights (Frieder Dünkel and Christine Morgenstern)
3. The European oversight of France (Corentin Durand, Hugues de Suremain and Nicolas Ferran)
4. The Dutch complaint and appeal procedure for prisoners in the light of European standards (Pauline Jacobs and Anton Van Kalmthout)
Part II: Curve and minor resistance to the European monitoring
5. Marriage Italian Style. A decryption of Italy and ECtHR's relationship concerning prisoners' rights (Giuseppe Caputo and Sofia Ciuffoletti)
6. The European monitoring of Greece (Leonidas Cheliotis and Sappho Xenakis)
Part III: Refusal and strong opposition to the European monitoring due to ancient and deep national traditions and political opposition to the European institutions
7. England and Wales: an uncertain relationship with European institutions (Simon Creighton, Nicola Padfield and Rosaria Pirosa)
8. European Instruments for Securing the Rule of Law and Human Rights in Prisons in the Nordic Countries (Lauri Koskenniemi and Tapio Lappi-Seppälä)
9. Spain as country not being monitored by the European Court of Human Rights (Esther Pascual Rodriguez and Clara Rey Sanchez)
10. The European monitoring of national penal and prison policies as a dynamical system (Gaëtan Cliquennois and Hugues de Suremain)