Between fight against prison overcrowding and mcdonaldisation of justice: the double failure of the administration of cross-border transfers of EU prisoners in Italy

• In Event: When re-entry means removal: The management of EU national prison populations in Europe

Abstract

Framework Decision 2008/909/JHA applies the principles of mutual trust and mutual recognition to cross-border transfers of prisoners among the Member States of the EU. Italy implemented this FD with an exceptional speed due to the desire of the government to deploy all the available tools to reduce prison overcrowding after the Torreggiani pilot judgment by the European Court of Human Rights.
The research carried out the analyses of more than 300 transfers procedures to verify the status of implementation and the accomplishment of the aim to reduce prison overcrowd The data collected shows that neither the prison overcrowding was reduced nor the rights of the demands to be transferred by the detainees are satisfied.
The Italian implementation of the FD reveals a double failure of the administration of justice: neither efficient nor respectful of detainees rights.

Author

• Valeria Ferraris, University of Turin, Italy