DiKE Europäische Standards für die Öffnung des Strafvollzugs

The discussion surrounding the inherent tension in criminal enforcement between the protection of the public on one hand and the rights of the incarcerated on the other is expanded by this work to a level that has received little attention so far. Starting from the state's obligation to protect the lives of its citizens as stipulated in Article 2, Paragraph 1, Sentence 1 of the European Convention on Human Rights, a European minimum standard for the granting of privileges is developed, taking into account comparative legal, criminological, and penal enforcement law aspects. Subsequently, the German penal enforcement practice and the state penal enforcement laws enacted since the federalism reform of 2006 are examined against European guidelines and compared with the enforcement reality in England and Wales. The results of these investigations lead to concrete recommendations for a penal enforcement design that is consistently aligned with European human rights standards.