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
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