Status detentionis, human dignity and protection of human rights in the European criminal law

Abstract

Human life and dignity, the status of prisoners, their problems and rights after the Tampere European Council and the CFREU are still an ongoing topic and main objective for the European area of freedom, security and justice. Their implementation is a very difficult path not due to the overcrowding of the European prison system but also due to the lack of internal, national rules that hinder human dignity and life of prisoners. The jurisprudence of the two European Courts (Court of Justice of the European Union (CJEU and European Court of Human Rights (ECtHR) is rich and indirectly it highlights a continuous impartial dialogue to address delicate problems of vulnerable people such as prisoners and still unresolved issues that are based on articles of the treaty of Lisbon and the Charter of the Fundamental Rights of the European Union (CFREU).