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Title: Prospects and problems for European legal cooperation concerning prisoners
Authors: Conway, G
Keywords: European Union;European cooperation;Prisoners;Instruments
Issue Date: 2016
Publisher: SAGE Publications
Citation: European Journal of Probation, Forthcoming (2016)
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.
Appears in Collections:Dept of Politics, History and Law Research Papers

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