THE PILOT CASE OF REZMIVES AND THE MOST AWAITED REFORM OF THE ROMANIAN PENITENTIARY SYSTEM Cover Image

THE PILOT CASE OF REZMIVES AND THE MOST AWAITED REFORM OF THE ROMANIAN PENITENTIARY SYSTEM
THE PILOT CASE OF REZMIVES AND THE MOST AWAITED REFORM OF THE ROMANIAN PENITENTIARY SYSTEM

Author(s): Mirela Gorunescu, Marta-Claudia Cliza, Laura-Cristiana Spătaru-Negură
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: offences; penitentiaries; pilot-judgment procedure; Rezmives; structural; systemic.

Summary/Abstract: According to the European Court for Human Rights, many of the cases pending before the Court derive from a common dysfunction at the national level. In order to deal with the repetitive cases and to lighten its workload, the Court developed and implemented a new procedure to deal with the massive number of applications on similar issues arising from the non-conformity of the domestic law with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, called by the Court “systemic issues”. Recently, the Court has decided to deal with the Romanian systemic problem of penitentiaries through the pilot-judgment procedure – the Rezmives and Others v. Romania case4. We considered that it would be very interesting to analyse if Romania is the first Contracting State that has been convicted through a pilot case against the inadequate conditions of the penitentiaries and how the Romanian authorities will respond to the Court’s recommended measures.

  • Issue Year: 17/2017
  • Issue No: 2
  • Page Range: 27-45
  • Page Count: 18
  • Language: English