European initiatives for harmonisation and minimum standards in the field of community sanctions and measures

    by:
  • Christine Morgenstern (Senior Lecturer/Research Associate in Criminology and Criminal Justice Ernst-Moritz-Arndt-Universität Greifswald)

The article addresses the question how far European initiatives on Community Sanctions and Measures as well as the attitude towards them and their implementation by the Member States reflect “the punitive turn” or rather show a tendency to “resist punitiveness” in European penal policies. After presenting the Council of Europe’s European Rules on Community Sanctions and Measures (ER CSM) of 1992 its provision regarding the co-operation and consent of the offender is considered in more detail. The change of penal climate in the Member States and its reflection by the update of the ER CSM in 2000 is described then, using the example of sanctions of indeterminate duration and Electronic Monitoring. Finally, the European Union’s Framework Decision on the supervision of probation measures and alternative sanctions (adopted 2008) and possible obstacles with regard to its implementation are introduced briefly.

Keywords: Co-operation, Consent, Harmonization, Human rights, Minimum standards, Penal policy

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