Collana | SAIL
Miscellanea | Lingue, linguaggi e spazi: per una diversa visione del carcere e della mediazione
Capitolo | La specifica rilevanza del sovraffollamento carcerario nel diritto dell’Unione europea
La specifica rilevanza del sovraffollamento carcerario nel diritto dell’Unione europea
Abstract
Even if the EU does not have an attributed competence on penitentiary systems, prison overcrowding has reached a relevance in EU law. Firstly, as an expression of the prohibition of torture and inhuman and degrading treatments ex Article 3 ECHR, which binds the EU in adopting its legislation and the Member States in implementing it. This is the case for the EU secondary legislation adopted in the field of criminal cooperation and for the Court for Justice case law. Furthermore, prison overcrowding has been the subject of some recommendations addressed to the Member States, in which the EU has called for better detention conditions in national prisons.
Presentato: 12 Marzo 2024 | Pubblicato 04 Luglio 2024 | Lingua: it
Keywords Prohibition of torture and inhuman or degrading tr • Prison Overcrowding • European Union • Human Rights • Conditions of Detention
Copyright © 2024 Luca Paladini. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.
Permalink http://doi.org/10.30687/978-88-6969-808-8/012
