Is there a European minimum standard regarding custody procedures and detention facilities?
(2005)Department of Law
- Abstract
- After having worked with a project regarding custody procedures and detention facilities where the goal was to give recommendations to the Former Yugoslav Republic of Macedonia (Macedonia) on issues which needed to be changed for them to fulfil the European minimum standard, I doubted that there really existed any European minimum standards. Therefore, I studied Swedish, British, French and European regulations and made study visits to Police Stations in the different countries. I also included Macedonia to give a picture of what clearly is not European minimum standards. Areas more explicitly studied are the conditions under which a person can be detained, what rights and entitlements a detainee has and the design of the cells. The study... (More)
- After having worked with a project regarding custody procedures and detention facilities where the goal was to give recommendations to the Former Yugoslav Republic of Macedonia (Macedonia) on issues which needed to be changed for them to fulfil the European minimum standard, I doubted that there really existed any European minimum standards. Therefore, I studied Swedish, British, French and European regulations and made study visits to Police Stations in the different countries. I also included Macedonia to give a picture of what clearly is not European minimum standards. Areas more explicitly studied are the conditions under which a person can be detained, what rights and entitlements a detainee has and the design of the cells. The study shows that the European Union countries do not fulfil all the standards set by the European law (i.e. European Convention on Human Rights, The Charter of Fundamental Rights of the European Union and documents from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment) but had more detailed regulations and practice in other parts. In my view, the European Union cannot demand more from applicant States than what the members manage to fulfil, therefore the European law cannot be seen as the European minimum standard. The Standard is instead the lowest requirements in the regulations and practice (see page 57). Then one also has to be pragmatic. If a State fulfils nine points of ten and the standard in general is good, then the European minimum standard may be considered fulfilled. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1557645
- author
- Fritzheimer, Anna
- supervisor
- organization
- year
- 2005
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Folkrätt, Processrätt
- language
- English
- id
- 1557645
- date added to LUP
- 2010-03-08 15:55:21
- date last changed
- 2010-03-08 15:55:21
@misc{1557645,
abstract = {{After having worked with a project regarding custody procedures and detention facilities where the goal was to give recommendations to the Former Yugoslav Republic of Macedonia (Macedonia) on issues which needed to be changed for them to fulfil the European minimum standard, I doubted that there really existed any European minimum standards. Therefore, I studied Swedish, British, French and European regulations and made study visits to Police Stations in the different countries. I also included Macedonia to give a picture of what clearly is not European minimum standards. Areas more explicitly studied are the conditions under which a person can be detained, what rights and entitlements a detainee has and the design of the cells. The study shows that the European Union countries do not fulfil all the standards set by the European law (i.e. European Convention on Human Rights, The Charter of Fundamental Rights of the European Union and documents from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment) but had more detailed regulations and practice in other parts. In my view, the European Union cannot demand more from applicant States than what the members manage to fulfil, therefore the European law cannot be seen as the European minimum standard. The Standard is instead the lowest requirements in the regulations and practice (see page 57). Then one also has to be pragmatic. If a State fulfils nine points of ten and the standard in general is good, then the European minimum standard may be considered fulfilled.}},
author = {{Fritzheimer, Anna}},
language = {{eng}},
note = {{Student Paper}},
title = {{Is there a European minimum standard regarding custody procedures and detention facilities?}},
year = {{2005}},
}