Punishment rehabilitation in European Court of Human Rights and Court of Justice of the European Union jurisprudence

The present paper is based on the analysis of re-education as part of the punishment function with the use of the relevant jurisprudence between the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJJEU). The jurisprudence is rich, precise and important, as are also the positions of the judges from European Courts, very important for not giving answers in this case but for being the basis of belonging as a doctrinal and jurisprudential starting point for the courts for the evolution of re-education now as a principle which in our opinion now comes to be comparable and included as that of the values of the EU according to Art. 2 TEU. Of course, there are still many questions, because several Member States do not take the principle of re-education into consideration. What is the role of national law? Why the topic continues to be active in the ECtHR? What are the articles and topics covered by the right to re-education? These are some of the questions we try to give answer in the present work. Last but not least, the role of the principle of proportionality and the political will of the Member States of the European Court of Human Rights are additional issues that this paper seeks to shed light on.