DISPARITIES AND PENAL POLICY CHALLENGES: THE TREATMENT OF FOREIGN NATIONALS IN EUROPEAN PENAL SYSTEMS Cover Image

DISPARITIES AND PENAL POLICY CHALLENGES: THE TREATMENT OF FOREIGN NATIONALS IN EUROPEAN PENAL SYSTEMS
DISPARITIES AND PENAL POLICY CHALLENGES: THE TREATMENT OF FOREIGN NATIONALS IN EUROPEAN PENAL SYSTEMS

Author(s): Olga Tešović, Ivana P. Bodrožić
Subject(s): Criminal Law
Published by: Institut za uporedno pravo
Keywords: foreign nationals; European penal systems; pretrial detention disparities; penal policy; rehabilitation and reintegration.

Summary/Abstract: The treatment of foreign nationals within European penal systems reveals significant challenges and injustices. This article analyzes how different countries manage foreign prisoners, focusing on issues such as extended pretrial detention, harsher sentencing, and limited access to rehabilitation. Additionally, it examines broader negative trends in European criminal policy, including the tightening of punitive policy and violations of fundamental principles of criminal law. Contributing factors include perceived flight risk and systemic biases. While the 2012 Council of Europe Recommendation provides guidelines for fair treatment, its implementation remains inconsistent across jurisdictions. The article advocates for policy reforms and improved coordination to ensure equitable treatment of foreign nationals across all European penal systems.

  • Issue Year: 69/2025
  • Issue No: 1
  • Page Range: 35-50
  • Page Count: 16
  • Language: English
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