Transferul politicilor penale în Europa. O analiză a literaturii de specialitate [Penal Policy Transfer in Europe. A Literature Review]

his article presents an analysis of the literature on penal policies transfer in Europe over the last 20 years. The main source of data is the papers considered relevant in the Google Scholar database. The review aimed firstly at identifying previous publications on the subject, what is in place and what is missing, to explain how ideas about penal policy transfer travel across Europe, and secondly, the literature review outlined the theoretical framework underpinning penal policy transfer. Most of the identified studies refer to the Anglophone space as a potential source of penal policy transfer, and significant penal policy reforms in the new democracies, Eastern Europe and the ex-Soviet space that included elements of penal policy transfer/ mobility are invisible in literature, or marginal. Although multiple explanations have been offered regarding who participates, what is transferred, how it is transferred and under what conditions the transfer of penal policies is carried out, no integrative framework has been identified that provides answers for a specific geographical area of Europe. From a theoretical point of view, two theoretical models can be outlined that can explain the transfer process of public policies, the model established by Dolowitz, Marsh (1996), alongside the model of the three streams of influence (MSF – multiple streams framework) established by Kingdon (2014).


Keywords: transfer, penal policy, community sanctions and measure, borrowing state, landing state