COMPENSATORY ACTION - A NEW LEGISLATIVE ACTION IMPOSED ON NATIONAL AUTHORITIES AS CONSEQUENCE OF RECENT CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
Subsequent to pronouncement by the European Court of Human Rights of the semi-pilot judgement in case Iacov Stanciu v. Romania and the pilot judgement in case Rezmiveş and Others v. Romania - where the Court found structural problems concerning overcrowding of detention facilities and improper conditions of detention - national authorities were imposed to adopt an appropriate legal instrument in order to eradicate injuries of fundamental rights guaranteed by the Convention. The mechanism established by Law no. 169/2017 amending legislation on execution of punishments and detention measures aimed at achieving a double goal. On the one hand, it pursued to grant compensation to convicted persons executing punishments consisting in deprivation of liberty in improper conditions; on the other hand, it was destined to contribute to relieving places of detention. The purpose of this study is to analyze the degree to which the recently adopted legislation is suitable to fully attain the assumed end. The objectives of the study are to make an analysis of the relevant legal provisions and their impact on prison system and execution of punishment and at the same time of relevant case-law, in order to determine if the present form of the law leads to differentiations in treatment towards those to whom it addresses, incompatible to fundamental law.
Authors and Affiliations
Cătălin Nicolae MAGDALENA
Keywords
Related Articles
- EP ID EP300759
- DOI -
- Views 115
- Downloads 0
IMPLEMENTING THE CONSTITUTIONAL COURT'S RECENT DECISIONS REGARDING CERTAIN PROVISIONS STIPULATED FOR CREDIT AGREEMENTS AND CREDIT CONVERSION
The article aims to analyse the practical consequences of the Constitutional Court's recent decisions in respect to the provisions of Law no. 77 / 2016 for credit conversion and of Law amending Government Ordinance no. 5...
SHAPING EU LAW THROUGH THE PRELIMINARY RULING PROCEDURE - THE UNITED KINGDOM’S CONTRIBUTION
Now that Article 50 of the Treaty on European Union has been triggered and negotiations regarding the withdrawal of the United Kingdom from the European Union are underway, the state’s departure from the Union is becomin...
THE INSTITUTION OF COMPLAINTS WITH AN ADMINISTRATIVE-JUDICIAL CHARACTER MADE BY THE PERSONS DEPRIVED OF THEIR LIBERTY TO PROTECT THEIR RIGHTS AND INTERESTS
This study is an analysis of how direct judicial control is exercised over the problems arising during the execution of sentences and custodial measures through a new institution, that of the the judge of surveillance...
JUSTICE AND EQUITY
Juridical principles have a privileged place within the positive juridical order, representing foundation of the legal edifice: they prove the continuity of law during the centuries and that is why here we have to dig in...
SUBSTITUTION OF PARENTAL CONSENT WHEN MINORS TRAVEL ABROAD: SANCTION OR REMEDY?
Decisions on establishment of minors' place of residence fall within the sphere of application of joint parental authority, along with decisions concerning the form of education and professional training, complex medical...