Prison Conditions and Judicial Cooperation in the EU – What Future for the European Arrest Warrant?

Abstract

This article takes stock of the recent case law of the Court of Justice of the EU concerning prison conditions. This jurisprudence, inaugurated with the landmark case Aranyosi, deserves closer attention in that it shows that the CJEU has finally developed a ‘penological’ sensibility. The article posits that the emergence of concerns regarding prison conditions transforms the way in which surrender proceedings operate. It argues that executing judicial authorities are now called on to play a more active role, having to factor in the risk of inhuman and degrading treatment in the issuing state. The criteria devised by the Court to assess such risk are analysed in detail, as they constitute an attempt to strike a balance between the protection of fundamental rights and the principle of mutual trust. The article also claims that the individualised assessment of risks by an executing authority must rely on detailed empirical information regarding prisons in the issuing state. This makes the procedure more complex as it calls for the involvement of non-judicial actors (e.g. the ministry of justice) to provide such information. Finally, the article explores how competing interests (such as the fight against impunity across the EU) interact with the overarching task of protecting the rights and dignity of requested individuals.