Considerations in connection to the harmonization of the Romanian executional-criminal law with the standards of the European Commission regarding the material conditions of detention Cover Image
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Considerații în legătură cu armonizarea legii execuțional-penale române cu standardele Comisiei Europene privind condițiile materiale de detenție
Considerations in connection to the harmonization of the Romanian executional-criminal law with the standards of the European Commission regarding the material conditions of detention

Author(s): Radu Vlad Pojan
Subject(s): Constitutional Law, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Uniunea Juriștilor din România
Keywords: European standards; material conditions of detention; penitentiary; execution of criminal sentences; rights; detainees;

Summary/Abstract: The article deals with the minimum standards regarding the material conditions of detention contained in the Recommendation of the European Commission C(2022) 8987, from the perspective of their relationship with the standards in terms of detention conditions elaborated by other European bodies and the level of harmonization of the Romanian executional-criminal legal norms with the recommendations of the Commission.The article seeks to outline the place and role of the standards of the Commission in the panoply of the European instruments in the matter and the level of harmonization with these of the Romanian law on the execution of criminal penalties.The results show that the Recommendation of the Commission structures specific standards at the level of the European Union, in accordance with the international standards in the field, including with the standards of the Council of Europe, and the Law No 254/2013 on the execution of custodial sentences and of measures involving deprivation of liberty ordered by the judicial bodies during criminal trial is largely in line with the Recommendation of the Commission, although it could bear certain improvements.The implications of the study consist in a better understanding of the issue and in pointing out some aspects in relation to which the Romanian regulation can be improved.

  • Issue Year: 2023
  • Issue No: 06
  • Page Range: 115-130
  • Page Count: 16
  • Language: Romanian