Tristes, Solitarias y Finales: la Convenzione di Strasburgo del 1964 e la decisione quadro 2008/947/GAI sulla sorveglianza all’estero delle misure di sospensione condizionale e delle sanzioni sostitutive

Abstract

Prison overcrowding is a key issue for several European states, which has been tackled in their respective areas of competence by both the European Court of Human Rights and the European Court of Justice. A possible solution could be offered by the application of probation measures and alternative sanctions instead of detention sentences, the supervision of which, due to a Convention concluded in 1964 in the framework of the Council of Europe and to the EU Framework Decision 2008/947/JHA, could take place in countries with which the sentenced person has a significant connection. However, to date, the aforementioned acts are not applied. Therefore, the purpose of this paper is to provide an analysis of these acts, in order to identify their main problems and to clarify what improvements would be necessary to make them work better.