Cross-border Execution of Judgements Involving Deprivation of Liberty in the EU: Overcoming Legal and Practical Problems Through Flanking MeasuresIn 2008, the introduction of the EU's Framework Decision - the principle of mutual recognition of judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. This book contains EU-level legal and practitioners' analyses, as well as the high level final report to the study, confirming preliminary concerns that flanking measures are urgently needed for a proper operation of the Framework Decision. It will be essential reading for policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 40) |
Contents
Acronyms and abbreviations | 11 |
1 | 21 |
2 | 29 |
4 | 47 |
4 | 71 |
Involving the sentenced person in the transfer process | 79 |
5 | 85 |
3 | 94 |
Conclusion | 107 |
7 | 111 |
Earlyconditional release earned remission and suspension | 235 |
8 | 255 |
4 | 281 |
5 | 288 |
6 | 304 |
Common terms and phrases
Article assessment Austria X Czech BPTP Bulgaria X Cyprus country adopted laws CPT reports Cyprus X France Czech Republic degrading treatment detention standards ECHR ensure that prisoners European Arrest Warrant European Commission European Union executing Member Framework Decision France X Greece Greece X Italy he/she his/her ICCPR Ireland X Luxembourg Italy X Malta Juris jurisprudence Kingdom X Austria Latvia X Lithuania Law Policy Yes laws or policies lex mitior Lithuania X Poland Luxembourg Netherlands material detention conditions Member States sampled monitoring mutual recognition Netherlands X Sweden Number of respondents Poland X Slovakia policies requiring policies to ensure Portugal Romania prison conditions prisoner transfer prisoner’s prudence No Total Republic X Estonia Romania X Slovenia sentence execution modalities sentenced person sentencing equivalence Slovakia X Slovenia X Sweden United Kingdom tion Total Europe total Law Policy total Law Yes total respondents Transfer of Prisoners X Bulgaria X Lithuania X Slovenia