Applying European Criminal Law: Mutual Recognition and Transfer of Judgements
Explore the process of better applying European criminal law through staff training and mutual recognition, with a focus on the transfer of judgements and enforcement of foreign judgements. Understand the aspects of continued enforcement, anticipating transfer for EU-nationals, implications for non-nationals in sentencing, and uncertainties surrounding the decision-making process.
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Better applying European Criminal Law ERA Court staff training Mutual recognition I FD 2008/909 1
Transfer of judgements FD 2008/909 replaces Council of Europe Convention 1983 Goal: facilitating social rehabilitation of the sentenced person (art.3) No consent necessary, unless (art.6) Recognition, unless application of grounds for refusal (art.8), NB: no conversion anymore! Introduction of grounds for refusal Legislation MS execution governs enforcement, including early release, amnesty and pardon (art. 17) (C-554/14, cpa Ognyanov) 2
Aspects of Enforcement of Foreign Judgements Continued enforcement Adapted sentence (art. 8 FD): incompatibility with maximum penalty (para. 2) modality is incompatible (para. 2) threshold: the adapted sentence shall not aggravate the sentence passed in terms of its nature or duration (para. 3) Nominal sentence early release penitentiary regime 3
Anticipating Transfer of Judgements EU-nationals standing trial in another MS Chance to be transferred is high Wide variety of detention facilities Wide variety of rules on early release Consequences differ for MS and for sentenced persons depending on the combination of cooperating MS => longer penalties/shorter penalties 4
Again: anticipation required Even more: non-nationals more often receive unconditional sentences than nationals In sentencing hearings: the possibility of transferring the supervision must be discussed 5
Uncertainties Will the sentencing MS offer the decision for transfer? If so, when will it do so? Which rules on enforcement and early release apply? 6
