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The framework decision on mutual recognition of custodial sentences Estella Baker firstname.lastname@example.org
Contents Background Framework decision on custodial sentences Contentious issues © Estella Baker
Background Mutual recognition programme, 2001 Punishment package FWD 2005/214/JHA on financial penalties FWD 2006/783/JHA on confiscation orders FWD 2008/909/JHA on custodial sentences FWD 2008/947/JHA on probation & alternative sanctions Council of Europe Convention on the Transfer of Sentenced Persons, 1983 & Additional Protocol of 1997 © Estella Baker
The Framework Decision Scheme © Estella Baker
Who does it cover? Natural persons only! Sentenced to custody/deprivation of liberty Determinate or indeterminate Through criminal proceedings © Estella Baker
The purpose… to establish the rules under which a Member State, with a view to facilitating the social rehabilitation of the sentenced person, is to recognise a judgment and enforce the sentence. Article 3(1) See also Articles 4(2), 4(4) © Estella Baker
How does the scheme work? Sentence imposed in issuing state [IS] Judgment & certificate sent to executing state [ES] Decision regarding recognition & enforcement by ES Sentenced person transferred (if necessary) Sentence enforced according to law of ES © Estella Baker
Criteria for transfer Sentenced person in IS or ES S/he has consented, if required Identification of ES: Member State of nationality where sentenced person lives or to which will be deported post-sentence Or any other consenting MS ES satisfied enforcement would serve purpose of facilitating social rehabilitation © Estella Baker
When is consent not needed? Where proposed transfer is to Member State of nationality where sentenced person lives or to which s/he will be deported post-sentence Or to Member State to which s/he has fled or returned in view of criminal proceedings in IS But has opportunity to state opinion, which must be transmitted to ES, in all cases where present in IS © Estella Baker
When can the ES decline enforcement? Would not serve purpose of facilitating social rehabilitation & successful reintegration (Article 4(4)) The list in Article 9: note paras (d), (h), (j), (k) © Estella Baker
Accountability to the IS The specialty rule (Article 18) Amnesty, pardon, review of judgment (Article 19) Early & conditional release (Article 17) Impossibility, partial enforcement, adaptation, escape (Article 21) © Estella Baker
Implementation & its consequences Implementation deadline: Dec 5 2011 Consequences with respect to existing instruments Transitional arrangements (what happened on Dec 5?!) © Estella Baker
Domestic implementation Repatriation of Prisoners Act 1984 (as amended) CJEU access The Transitional Protocol © Estella Baker
Contentious issues Mutual recognition issues Consent Citizenship & integration Directive 2004/38, Article 28 Case C-145/09 Tsakouridis Case C-348/09 PI (AGs Opinion of 6 March, 2012) See also Case C-66/08 Kozlowski (EAW) Prison conditions & fundamental rights © Estella Baker
Thank you for listening! © Estella Baker
European Commission, DG EAC – Unit A3
Life sentence in Finland and other Nordic Countries
European Judicial Network The EJN website:
THE POSITIVES AND NEGATIVES OF CITIZENSHIP Estella Baker
INTERNATIONAL HUMAN RIGHTS MECHANISMS
on Transfer of Sentenced Persons
CRC The CRC provisions applicable to juvenile justice administration are: Article 37 - protection from torture Article 39 - rehabilitation and social reintegration.
Children in Prison From Convention to National Legislation: Legal Implementation of International Standards Bragi Guðbrandsson Government Agency for Child.
THE CERTIFYING AUTHORITY
EUROPEAN INITIATIVES IN THE FIELD OF MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS AND MUTUAL RECOGNITION NEW LEGAL MECHANISM FOR CREATING AN AREA OF FREEDOM,
Poland Basel Protocol on Liability and Compensation Financial Limits And Insurance Questionnaire 2 Ratification Krystyna Panek - Gondek Chief Inspectorate.
Basel Convention Secretariat United Nations Environmental Programme ___________________________________ Roles and Responsibilities under the Protocol Laura.
European Investigation Order Background and Context Steve Peers April 7, 2014.
WP3. Evaluation, Monitoring and Quality Plan Dr. Luis Sobrado 27 th May 2011.
The Probation Service and Irish Prison Service Introduction JUST/ /JPEN/AG/2943 Release and Resettlement of High Risk Prisoners Florence December.
Article 54 CISA and the ECJ/CGEU case law
XVII CDAP Meeting with Judges and Prosecutors on Overcrowding in Prison Rome Mauro Palma Vice- Chair European Council for Penological Co-operation Council.
1 Workshop on inventories of greenhouse gas emissions from aviation and navigation May 2004, Copenhagen EU greenhouse gas emission trends and projections.
Service of documents within European Union Council regulation No 1348/2000 on the service in the Member states of judicial and extrajudicial documents.
1 Latvia and Implementation of framework decision No.947 on transfer of community sanctions Imants Jurevičius State Probation Service of Latvia Head of.
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