Introduction

Scant attention has been paid to the impacts of the case law of the European Court of human rights (ECtHR) on national penal and prison policies, although a reinforcement of the influence of the Council of Europe, and the interactions between their organs have been observed over the last 20 years. The strengthening of these relationships has increased the pressure and control over national penal and prison administrations. Moreover and despite some limits, the positive and procedural obligations imposed by the ECtHR on the Member States have led to legal, administrative, judicial and practical changes such as the adoption of domestic penal and prison legislations enforcing the effective implementation of death prevention in custody, the provision of healthcare services, the assessment of prisoners' ability to serve custodial sentences and their right to apply for parole, limitations to overcrowding and improvements in conditions of detention, the right to effective remedies and compensation, the enhancement of rehabilitative programmes and the development of family visits. Nevertheless, two inquiries made by the ECtHRon one main problematic aspect of the case law with regard to the defence of prisoners' rights need to be recalled: the virtual absence of European control over sentencing procedures and access to measures of adjustment of penalties.