Condițiile de detenție în România între mit și realitate. Motivul refuzului de executare a unor mandate europene de arestare emise de autoritățile române (I)
Detention Conditions in Romania between Myth and Reality. The main Reason for refusing to Execute European Arrest Warrant issued by the Romanian Authorities

Summary/Abstract: In the last few years, the European courts - the European Court of Human Rights and the Court of Justice of the European Union - have provided increasingly refined interpretations of the concept of “prohibition of torture, inhuman and degrading treatment” which raises certain problems in the judicial practice of Member States and could lead to an increasing risk of impunity. This is also because the founding Treaties, together with the Accession Treaties, have the value of constitutional rules. On the other hand, in our opinion, the inappropriate conditions of imprisonment in Romania existing at the time of the judgments in question have improved and can no longer be considered as infringing this right unless in rare cases, given the efforts made by the Romanian authorities in recent years.

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