Miriam AzinovićGefangenenvergütung zwischen Resozialisierung und Leistungsaustausch

About this book deutschenglish

This work deals with the prisoner remuneration that prisoners receive in Germany. After decades of stagnation or even regression in prisoner remuneration, a significant change and improvement could now occur in the coming years.

The reason for this is a recent ruling by the Federal Constitutional Court (BVerfG, judgement of 20 June 2023 - 2 BvR 166/16, 2 BvR 1683/17) and the new regulations that this will entail. This applies to the federal states directly affected by this judgement, Bavaria and North Rhine-Westphalia, but also to all other federal states due to the transferability of the reasoning and standards.

The amount of necessary and appropriate prisoner remuneration has been highly controversial since ist introduction in 1977 and has repeatedly been the subject of proceedings before the Federal Constitutional Court. Even though the latest judgement has now decided that further revisions to the regulations on prisoner remuneration are necessary, it remains unclear and controversial how prisoner remuneration should be structured in terms of type and amount. This is now a matter for the federal state legislators.

This book aims to make a contribution to this discussion and offers a new approach to determining the appropriate level of remuneration for prisoners in the prison system. To this end, in addition to the perspective on prisoner labour as a means of resocialisation in the prison system that has been chosen by case law and literature to date, a new perspective on this as an economic relationship of the exchange of services is adopted.

This new perspective is then used to analyse the consequences of this categorisation for the level of prisoner remuneration. In addition to national labour law, European labour law and international labour law will also be examined. From this, concrete points of reference and suggestions for the amount and organisation of prisoner remuneration are drawn.