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European Neighbourhood Policy and Enlargement Negotiations (DG NEAR)
Advancing penitentiary reform in Romania 800x

Photo: Alexandros Michailidis / Shutterstock.com

In 2007, Romania became a member of the European Union, ushering in a period of increased efforts in reforming the country’s legal system in line with the EU acquis. The justice sector was a particular focus of reforms during the immediate post-accession period. In the context of this evolving legal landscape, this Twinning project offered support in ensuring uniform implementation of new legal standards in the penitentiary system.

The project had two main objectives: firstly, to facilitate consistent implementation of the new legal framework regarding detention and sanctions, and secondly, to improve human resources policies within the National Administration of Penitentiaries.

The adoption of the new Law on the execution of criminal sanctions in 2006 is a good example for this dynamic situation, as it radically reformed the Romanian prison system. The law introduced four differentiated detention regimes, increased the rights of the detainees in line with European standards and strengthened judicial control over enforcement of criminal sanctions.

To achieve these objectives, several roundtable discussions were organised to establish a shared interpretation of the evolving legislation. As a next step, a comprehensive manual was developed comprising case studies as well as relevant jurisprudence from both Romanian courts and the European Court of Human Rights. This manual was widely distributed across penitentiaries and among judges, serving as a practical guide for the application of the new legislative framework.  

Additionally, the project accompanied the significant changes underway in the administration of prisons, notably the transition of staff from military to civil in 2004. The Twinning experts accompanied this sensitive transition period and provided recommendations for effective human resources management.

As a result of the joint work during the project, the Romanian beneficiary and German Twinning partner established a strong working relationship based on mutual trust, which also continued after the end of the Twinning project: For many years, the Romanian National Administration of Penitentiaries and German prisons in Hamburg and Berlin continued their cooperation and exchange on a bilateral basis, proving beneficial for both sides.

 

Project title: Assistance for enhancing the respect of human rights in prisons and improving the efficiency of the Romanian penitentiary system
Project ID: RO 07 IB JH 02, 2009-2010