Towards the end of mutual trust? Prison conditions in the context of the European Arrest Warrant and the transfer of prisoners framework decisions

• TP Marguery ^[1]
  1. [1] Utrecht University

     Utrecht University

     Países Bajos

     
• Localización: Maastricht journal of European and comparative law, ISSN 1023-263X, Vol. 25, Nº. 6 (Special issue: Punishment, deprivation of liberty and the Europeanization of criminal justice), 2018, págs. 704-717
• Idioma: inglés
• DOI: 10.1177/1023263x18818662
• Enlaces
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• Resumen

  • This article contends that the presumption of mutual trust between the European Union Member States is a legal fiction. In the context of transfer of a custodial sentence from one country to another based on mutual recognition and mutual trust, a failure of the latter can have detrimental effects on judicial cooperation and, especially, on the functions of punishment. In particular, mutual recognition and mutual trust create a bridge between the external limits of punishment (fundamental rights) and the internal limits to the functions of punishment (retribution, deterrence and rehabilitation). The non-compliance with individuals’ fundamental rights undermines the very social functions of punishment. Such a failure can only be prevented if the Member States and the European Union endeavour to establish and maintain a truly integrated penal policy with concerns for individuals at its very core.