Knowledge Management System

Do you dedicate a part of your training for penitentiary staff (any and all categories) on the EU law and its impact on professional practice in detention or in the non-custodial sector?

There is no specific training on the EU law unlike for the Council of Europe and the UN, which standards and recommendations are applied to the training.

If so, what are the contents of this/these course(s)?

N/A

Has the EU law had impact on the daily work of penitentiary staff?

There is no impact in terms of decision-making but the prison staff implements the administrative instructions stemming from the application of the EU framework decisions in the French Code of Penal Procedure and from the application of national laws that are in the spirit of European cooperation and mutual recognition.

Is there a need in having more EU legislature in criminal matters when it comes to professional penitentiary practice and professional training?

There is no specific need for further legislation but an assessment on its effectiveness and real implementation could be developed.

Would you have a trainer/expert on the topic of EU law applied to the penitentiary field interested and willing to participate and present at the exchanges of the conference’s workshop?

We are studying this possibility within our Law & Public Service training department in case there is no one to come forward

Do you dedicate a part of your training for penitentiary staff (any and all categories) on the EU law and its impact on professional practice in detention or in the non-custodial sector?

The framework of the European legislation is taught in the initial training courses for all the categories of the Spanish prison staff (security officers, psychologists, lawyers, nursing and medical staff), as well as in continuous training courses for educators and heads of service of prisons. We have to highlight that the contents (which will be more detailed below) are not directly related to the EU Law but to the Council of Europe and the United Nations. We consider important to share them in order to make visible the knowledge related to the EU regulation provided to the prison staff by the Training Department.

If so, what are the contents of this/these course(s)?

The basic contents included are the following:

a. Providing information on the regulations, standards and international bodies on the subject of Human Rights in prisons.
b. To examine the standards governing Human Rights in prison at the universal scope of the United Nations, with special attention to the Nelson Mandela Rules and the Optional Protocol to the UN Convention against Torture.
c. To delve into the work of the UN Subcommittee on Prevention of Torture and its visit to Spain.
d. Focusing on Human Rights in prison and their regulation by the Council of Europe:
- To make special reference to the European Prison Rules and their application.
- To analyse which Human Rights contained in the European Convention on Human Rights are the most compromised in the field of prisons, and to briefly examine the work of the European Court of Human Rights in relation to Human Rights in prisons.
- To examine the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the work of the European Subcommittee for the Prevention of Torture, mainly in terms of its visits to Spain and recommendations.
e. Regarding the professional ethics and deontology, the international reference in this field is the European Code of Ethics for Prison Staff, Recommendation of the Committee of Ministers to the Member States of the Council of Europe (adopted by the Committee of Ministers, on 12th April 2012). It gathers the main objectives of prison staff duties’ in accordance with national legislation and international standards, protecting the rights and freedoms of persons enshrined in different standards and in particular in the European Convention on Human Rights and the European Prison Rules.
f. Case studies.
g. Examples of good practices at the international scope.
h. Principles underlying the Yogyakarta and Istanbul agreements.

Has the EU law had impact on the daily work of penitentiary staff?

Definitely, since it has encouraged EU Member States to adapt their prison policies to the requirements of European legislation, achieving a substantial improvement in the rights of inmates and, in addition, improving their quality of life. This, in turn, facilitates the daily work of prison staff which, together with the implementation of dynamic security, has promoted greater involvement of prison staff, which tends to reduce conflicts in prisons and, therefore, to improve the social climate in them. In addition, EuCHR Case Law has a lot of impact in national prison regulation. For example, the Parot Doctrine or resolutions dealing with the situation of foreigners in prison (Albarracín Case).

Is there a need in having more EU legislature in criminal matters when it comes to professional penitentiary practice and professional training?

Existing European prison legislation so far is sufficient as it covers all the most important aspects concerning inmates and prison staff. However, what is necessary is to have up-to-date information in order to keep abreast of new developments and adjustments made to prison system issues in the EU scope.

Would you have a trainer/expert on the topic of EU law applied to the penitentiary field interested and willing to participate and present at the exchanges of the conference’s workshop?

Of course. At national level, we are trying to improve the institutional participation in European Projects. In this sense, projects directly focus on staff participation are really needed, as far as they help to show the importance of European standards in the daily work or the institution.

Do you dedicate a part of your training for penitentiary staff (any and all categories) on the EU law and its impact on professional practice in detention or in the non-custodial sector?

There is no specific training of EU law. The content of the training modules relies on the Romanian legislation, which includes EU decisions and recommendations.

If so, what are the contents of this/these course(s)?

N/A

Has the EU law had impact on the daily work of penitentiary staff?

No, the penitentiary staff has to apply the national law.

Is there a need in having more EU legislature in criminal matters when it comes to professional penitentiary practice and professional training?

At this moment we cannot say if there is a need for more EU legislature in criminal matters.

Would you have a trainer/expert on the topic of EU law applied to the penitentiary field interested and willing to participate and present at the exchanges of the conference’s workshop?

Presently, we do not have an expert on EU law who could participate in the conference’s workshop.

Do you dedicate a part of your training for penitentiary staff (any and all categories) on the EU law and its impact on professional practice in detention or in the non-custodial sector?

The subject of "European Union law" has always been included in the initial training programs.
The elements of European Union law are included in the various courses to access into the Penitentiary Police Corps. The level of detail depends on the role to which the training is addressed and on the duration of the course. In particular it is aimed at the executive and officials of the Corps and the inspectors.
The issues relating to international law, in addition to relating to the sources and institutional organization of the European Union, refer to the impact of the european rules, regulations and treaties, on internal legislation.
For the basic roles of agent and assistant, elements of knowledge of the European institutions and the influence on national legislations are provided with particular reference to the issues of criminal execution, international organizations for the protection of rights, the minimum penitentiaries rules that have direct influence on prison staff.
Also, the general principles relating to the protection of human rights contained in articles 2, 3 and 6 of the Treaty on European Union - to name a few of the most important - are recalled in numerous training courses for operators in the socio-educational area, administrative and penitentiary police. A particular regard, in this sense, is addressed to courses for operators who work with minors, prisoners or for probation purposes.
In recent years, the involvement of the General Directorate for Training in some European projects has placed the accent, more specifically, on issues related to European law and training strategies, such as those dictated by the European-judicial-training-strategy-for-2021 -2024.
In this sense, moreover, starting from the year 2020, about 400 Social Assistants newly hired in the Justice Services were subject to initial entry training, precisely taking into account, in the planning of contents, European strategies, in particular with regard to guarantees and protection of persons entering the criminal circuit in the probation.

If so, what are the contents of this/these course(s)?

The contents normally dealt with for the specific subject (International and European Union law) are the following:
1. The European Union. Nature of the Union. Sources of its establishment. European communities and the European Union: general characteristics and competences. The three pillars, with particular regard to the third and international collaboration against crime.
2. The European Union institutions. The institutions of the E.U. and the sources of Community law, with particular reference to binding acts.
3. Direct applicability and direct effect of community acts.
4. The Court of Justice and the Court of First Instance of the European Union.
5. Free movement of persons, the Schengen agreements and their application.
6. The institutions and instruments of Eurojust and Europol cooperation, and European arrest warrant and extradition procedures
7. Human rights in the EU. The European Convention on Human Rights
8. Community and international references on the protection of human rights
9. International and national intitutions that supervise the execution of sentences and respect for rights
10. Elements of comparative prison law

Among the topics addressed, as mentioned above, in the non-specific formative context, are contemplated: the rights of detainees, with particular regard to the condition of minors and women; the principles of non-discrimination and equality; the study of methodologies to understand and counter violent radicalization; knowledge of Restorative Justice and its strategies; the exchange of good training practices.
In any case, our General Directorate of Training, also in compliance with European directives, promotes permanent training (life-long learning), professional development and constant updating of staff both in the socio-educational and administrative area, and in the penitentiary police, where possible also involving the juvenile judiciary (in particular, but not only, in courses for operators of services for minors).

Has the EU law had impact on the daily work of penitentiary staff?

It is difficult to answer this question in a 'schematic' way (yes or no): undoubtedly the European regulations and the transposition of them in the individual countries have given impetus to countless interventions and projects also related to EU law, in particular by implementing knowledge and promoting exchanges of good practices on topics such as those indicated above. Some European projects have promoted the creation of questionnaires and tools in the Penitentiary Institutes (including juveniles) which have been permanently acquired for a better organization and analysis of specific situations of life in prison.

Is there a need in having more EU legislature in criminal matters when it comes to professional penitentiary practice and professional training?

It could be useful to deepen some aspects of EU legislation or implement further cases, in relation to penitentiary operations or probation, especially with respect to issues that, in particular during the pandemic period, have increasingly emerged as current (for example 'online' interviews with family members and / or with the children themselves if in probation, the use of technologies in training, etc.).
What certainly appears indispensable is to disseminate and share current and future EU legislation, in the main contents relating to penitentiary practices and staff training, through dedicated moments of study, study and possible application.

Would you have a trainer/expert on the topic of EU law applied to the penitentiary field interested and willing to participate and present at the exchanges of the conference’s workshop?

At the moment we do not have, at our General Directorate for Training, a figure of trainer specifically expert on these issues applied to the penitentiary sector. However, there are trainers who have a good knowledge of European regulations, also in relation to penitentiary operations and external criminal execution. As for the trainers, these topics are generally dealt with by experts external to the Administration (jurists and / or magistrates)