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Detention conditions in a cosmopolitan Europe

(2018)
Author
Promoter
(UGent) and Tom Daems
Organization
Abstract
This dissertation provides an empirical analysis of the standard setting and policy-making processes at the Council of Europe (CoE) and the European Union (EU) in the area of detention conditions for prisoners and asylum seekers. In this way, the dissertation contributes to the emerging research area of European Criminology. The theory of cosmopolitanism is the theoretical framework that guides this dissertation. Cosmopolitanism entails a unity in diversity in which diversity is not a problem as long as certain common norms and standards are accepted. The research findings are based on a qualitative methodological approach: a literature review, a document analysis, and expert interviews with key policy-makers and external experts. To further narrow the scope of this dissertation, the following selected policy moments and outcomes are analysed. For the CoE: the European Prison Rules and the CPT recommendations regarding immigration detention; for the EU: the Green paper on detention and the recast Reception Conditions Directive. The analysed policy moments and outcomes are considered as reflections of the increasing unity in diversity in Europe regarding the issue of detention conditions for prisoners and asylum seekers. The theoretical framework of cosmopolitanism is operationalised by applying a policy and social network approach to the selected policy outcomes. By focusing on the actors involved and the relations between these actors, this provides us with increased insights into the standard setting and policy-making process at the European level and helps explain why this greater unity in Europe regarding the issue of detention conditions occurs. The research findings show that the topic of detention conditions in Europe is considered a very specialised area that involves only a limited number of active actors. Despite the limited number of actors, a solid block of common norms and values is present, such as the rule of law, the protection of human rights, and solidarity with the involved policy-makers and experts. This is important, because for cosmopolitanism to work, it has to be grounded on commonly accepted norms. While cosmopolitanism implies that national rhetoric is superseded, after digging deeper into the selected policy outcomes, it becomes evident that the priorities and considerations by the member states play an influential role in taking certain initiatives and driving a policy-making or standard setting process forward. The European Courts have an influential role in triggering policy change and give meaning to what is acceptable and what is considered substandard in Europe.
Keywords
detention, Europe, EU, Council of Europe, cosmopolitanism, asylum reception conditions, prison conditions, CPT

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Citation

Please use this url to cite or link to this publication:

Chicago
Deruiter, Rebecca. 2018. “Detention Conditions in a Cosmopolitan Europe”. Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
APA
Deruiter, R. (2018). Detention conditions in a cosmopolitan Europe. Ghent University. Faculty of Law and Criminology, Ghent, Belgium.
Vancouver
1.
Deruiter R. Detention conditions in a cosmopolitan Europe. [Ghent, Belgium]: Ghent University. Faculty of Law and Criminology; 2018.
MLA
Deruiter, Rebecca. “Detention Conditions in a Cosmopolitan Europe.” 2018 : n. pag. Print.
@phdthesis{8574344,
  abstract     = {This dissertation provides an empirical analysis of the standard setting and policy-making processes at the Council of Europe (CoE) and the European Union (EU) in the area of detention conditions for prisoners and asylum seekers. In this way, the dissertation contributes to the emerging research area of European Criminology. The theory of cosmopolitanism is the theoretical framework that guides this dissertation. Cosmopolitanism entails a unity in diversity in which diversity is not a problem as long as certain common norms and standards are accepted. 
The research findings are based on a qualitative methodological approach: a literature review, a document analysis, and expert interviews with key policy-makers and external experts. To further narrow the scope of this dissertation, the following selected policy moments and outcomes are analysed. For the CoE: the European Prison Rules and the CPT recommendations regarding immigration detention; for the EU: the Green paper on detention and the recast Reception Conditions Directive. The analysed policy moments and outcomes are considered as reflections of the increasing unity in diversity in Europe regarding the issue of detention conditions for prisoners and asylum seekers. 
The theoretical framework of cosmopolitanism is operationalised by applying a policy and social network approach to the selected policy outcomes. By focusing on the actors involved and the relations between these actors, this provides us with increased insights into the standard setting and policy-making process at the European level and helps explain why this greater unity in Europe regarding the issue of detention conditions occurs. 
The research findings show that the topic of detention conditions in Europe is considered a very specialised area that involves only a limited number of active actors. Despite the limited number of actors, a solid block of common norms and values is present, such as the rule of law, the protection of human rights, and solidarity with the involved policy-makers and experts. This is important, because for cosmopolitanism to work, it has to be grounded on commonly accepted norms. While cosmopolitanism implies that national rhetoric is superseded, after digging deeper into the selected policy outcomes, it becomes evident that the priorities and considerations by the member states play an influential role in taking certain initiatives and driving a policy-making or standard setting process forward. The European Courts have an influential role in triggering policy change and give meaning to what is acceptable and what is considered substandard in Europe. },
  author       = {Deruiter, Rebecca},
  language     = {eng},
  pages        = {XII, 262},
  publisher    = {Ghent University. Faculty of Law and Criminology},
  school       = {Ghent University},
  title        = {Detention conditions in a cosmopolitan Europe},
  year         = {2018},
}