European Governance of Punishment and the Role of the ECtHR

• In Event: Towards a European Penology: Foundations, Key Principles and Challenges

Abstract

This paper pursues a twofold objective. First, it introduces the concept of European governance of punishment as a critical dimension within the broader discourse on European Penology. Second, it explores the role of the ECtHR in shaping and legitimizing this governance model, assessing its impact on the evolution of a distinctly European approach to punishment.
Since its inception, the Council of Europe has positioned itself as the driving force behind the development of European human rights policies. Over the past seven decades, it has played a central role in forging a cohesive approach to punishment, culminating in its most comprehensive expression in the 2020 European Prison Rules—the most comprehensive articulation of this vision to date. Building on this foundation, this paper examines the emergence of a European governance framework for punishment in Europe, focusing on both the key institutional actors and the dynamics that sustain it.
The ECtHR has been instrumental in reinforcing and consolidating this European model of punishment. As Judge Rozakis has noted, the ECtHR brings European societies closer than ever before. Nowhere is this role more evident than in the realm of punishment, where the Court has helped foster legal cohesion, reinforce a shared normative commitment, and shape a collective understanding of humane and just treatment. This discussion is particularly relevant at a time when the ECtHR–once described as the conscience of Europe–must navigate the delicate waters of subsidiarity while contending with the challenge of defining the legitimate boundaries of punishment within an increasingly complex and fragmented legal and political landscape.

Author

• Beatriz López Lorca, University of Castilla-La Mancha