11 November 2020

LawRules #8: We Need to Talk About the Penal System

We need to talk about the Penal System. In European Criminal Law, there is consensus that criminal law should be ultima ratio, that is, the last resort when the law is applied and executed. However, criminal law and the penal system at large have also proven to be an efficient way to silence political opponents and citizens turning against the government by literally barring them from raising their voice in public. We have seen examples for this in Europe, and we’ll have to talk about that today. But there are more aspects to this topic: How are prison systems being used as a tool by autocratic-leaning governments? And how is the relationship between the penal system and the rule of law in the Area of Freedom, Security and Justice that the European Union aspires to be?

This is what we dicuss in this week’s episode:

SUGGESTED CITATION  Baudrihaye-Gérard, Laure, MacGuill, James, Bárd, Károly; Kokott, Lennart: LawRules #8: We Need to Talk About the Penal System, VerfBlog, 2020/11/11, https://verfassungsblog.de/lawrules-8-we-need-to-talk-about-the-penal-system/, DOI: 10.17176/20201111-154152-0.

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