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Understanding new actors in European Arrest Warrant cases concerning detention conditions: The role, powers and functions of prison inspection and monitoring bodies

Aizpurúa, E. ORCID: 0000-0001-7045-5535 and Rogan, M. (2020). Understanding new actors in European Arrest Warrant cases concerning detention conditions: The role, powers and functions of prison inspection and monitoring bodies. New Journal of European Criminal Law, 11(2), pp. 204-226. doi: 10.1177/2032284420923410

Abstract

Prison inspection and monitoring bodies are becoming central players in European Arrest Warrant (EAW) decision-making. These bodies write reports on prison conditions and examine their compliance with fundamental rights. Now that poor prison conditions can be a basis to refuse an EAW’s execution, these bodies are becoming increasingly important actors in EAW decision-making process. While this is so, there is a remarkable lack of analysis on the legal structures and activities of such bodies. This article addresses this absence by presenting findings from the first European Union (EU)-wide study of prison inspection and monitoring bodies, providing new insights into the nature of these bodies. It provides both empirical insights into these structures for overseeing detention conditions and doctrinal analysis. It assesses the implications of an increased role for such bodies in the Area of Freedom, Security and Justice.

Publication Type: Article
Additional Information: This article is distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access pages (https://us.sagepub.com/en-us/nam/open-access-at-sage).
Publisher Keywords: European Arrest Warrant, mutual trust, detention conditions, fundamental rights, prison inspection and monitoring bodies, OPCAT, NPM
Subjects: H Social Sciences > HM Sociology
H Social Sciences > HV Social pathology. Social and public welfare
J Political Science > JN Political institutions (Europe)
Departments: School of Arts & Social Sciences > Sociology
Date Deposited: 18 Nov 2020 09:50
URI: https://openaccess.city.ac.uk/id/eprint/25267
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