The highest judicial authority of the European Union has prohibited Germany from expelling foreign criminals to EU countries with poor prison conditions
As Russkaya Germaniya writes, henceforth the German authorities will not be able to deport to their homeland citizens of some EU countries who have committed crimes in Germany, even if a European Arrest Warrant applies to them. As the EuGH ruled, it must first be established whether the convicted person will be subjected to inhuman or degrading treatment or punishment in the prisons of their country. Only if such a check provides convincing grounds to believe that the rights of the convicted person will not be violated can their deportation be authorized.
The basis for the legal proceedings was an appeal by the Higher Regional Court of Bremen (OLG) to the European Court of Justice in connection with the detention on German territory of citizens of Romania and Hungary. The first had committed a series of apartment burglaries in his home country, the second was wanted for repeatedly driving a car without a driver's license. For their arrest, the Romanian and Hungarian law enforcement authorities duly issued European Arrest Warrants, in accordance with which the aforementioned persons were detained in Germany.
However, the highest judicial authority of the European Union not only prohibited the extradition of the criminals to their home countries, but also demanded that the German judicial authorities request information about prison conditions in Romania and Hungary. If it turns out that these conditions violate the rights of persons serving sentences, the execution of the European Arrest Warrant should be postponed, the EuGH judges ruled.
In 2014 and 2015, the European Court of Human Rights in Strasbourg (ECHR) issued two rulings concerning Romania and Hungary. In particular, the court ruled that due to overcrowding in their prisons, human rights in these countries should be considered violated.
When Hungary in 2004 and Romania in 2007 were admitted to the European Union, it was believed that they fully met all EU criteria. But if in 2014-2015 it turned out that human rights, even of prisoners, are grossly violated there, does that mean these countries have "deteriorated" precisely during their EU membership?
And another thing: what about cases where, for example, a Romanian criminal is detained in Hungary, or vice versa? After all, in both countries the rights of prisoners are equally poor. Where should he be deported, to Germany with its, until recently, model prisons? But they are already overcrowded.
According to Anton Bachl, chairman of the Federal Association of Prison Staff (BSBD), "foreigners, who make up 9% of Germany's total population, account for more than 30% of prisoners in the country's prison facilities. Now, to cope with the crime crisis, which will likely not end in the near future, German prisons need an increase in staff of at least 2,000 people, as well as the immediate opening of new facilities."