6. Mutual Recognition of Custodial Sentences and Measures Involving Deprivation of Liberty

Treaty of 26th September 1968 between Belgium, the Netherlands and Luxembourg on the Enforcement of Judgments in Criminal Matters.

Article 2 of the Treaty on the Enforcement of Judgments in Criminal Matters.

Articles 3 and 57 of the Treaty on the Enforcement of Judgments in Criminal Matters.

Van Zyl and Spencer (2013), pp. 21–22.

Convention on the Transfer of Sentenced Persons. Council of Europe, European Treaty Series No. 112 [1983], Strasbourg, 21st March 1983.

Additional Protocol to the Convention on the Transfer of Sentenced Persons. Council of Europe, European Treaty Series No. 167 [1997], Strasbourg, 18th December 1997.

European Convention on the International Validity of Criminal Judgments. Council of Europe, European Treaty Series No. 70 [1970], The Hague, 28th May 1970.

Van Zyl and Spencer (2013), p. 22.

Convention between the Member States of the European Communities on the Enforcement of Foreign Criminal Sentences. Brussels, 13th November 1991.

Article 20 of the Convention on the Enforcement of Foreign Criminal Sentences.

Article 2(1) of the Convention on the Enforcement of Foreign Criminal Sentences.

European Council (1999): ‘Presidency Conclusions, Tampere European Council 15th–16th October 1999, European Council’, available in: Vermeulen (2005), pp. 327–341.

Programme of Measures to Implement the Principle of Mutual Recognition of Decisions in Criminal Matters. Official Journal of the European Communities, C 12/10 of 15th January 2001.

Measure No. 14 of the Mutual Recognition Programme.

Measure No. 16 of the Mutual Recognition Programme.

The Hague Programme: strengthening freedom, security and justice in the European Union. Official Journal of the European Union, C 53/1 of 3rd March 2005. See also: Action Plan implementing The Hague Programme. Official Journal of the European Union, C 198/1 of 12th August 2005.

Commission of the European Communities (2004): ‘Green paper on the approximation, mutual recognition and enforcement of criminal sanctions in the European Union’, COM(2004) 334 final.

Initiative of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden with a view to adopting a Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States of the European Union. Official Journal of the European Union, C 150/1 of 21st June 2005.

Council of the European Union (2005): ‘Draft Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States of the EU’, 5597/05, ADD 1, p. 5.

De Wree and Balcaen (2009), p. 29.

Council Framework Decision 2008/909/JHA of 27th November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union, L 327/27 of 5th December 2008.

See, for example, European Commission (2014): ‘Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, COM(2014)57 final, p. 3; European Commission (2014): ‘Tables State of play and Declarations accompanying the document Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, Commission staff working document, SWD(2014) 34 final, p. 3; Council of the European Union (2014): ‘Council Framework Decision 2008/909/JHA’, 9885/14, p. 1.

Initiative of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden with a view to adopting a Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States of the European Union. Official Journal of the European Union, C 150/1 of 21st June 2005.

Article 4 of the Initiative on the Framework Decision on the European enforcement order.

Article 6 of the Initiative on the Framework Decision on the European enforcement order.

Article 8 of the Initiative on the Framework Decision on the European enforcement order.

Council of the European Union (2006): ‘Council Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union’, 15875/06.

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21st April 2004 creating a European enforcement order for uncontested claims as amended by the Regulation (EC) No 1103/2008. Official Journal of the European Union, L 143/15 of 30th April 2004.

Article 1 and (2)1 of the Regulation (EC) No 805/2004 creating a European enforcement order for uncontested claims; details see: Stone (2006), p. 250 et seq.; Berglund (2009), p. 145 et seq.

Article 3(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty; Klimek (2013), pp. 946–947.

Council of the European Union (2005): ‘Draft Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States of the EU’, 5597/05, ADD 1, p. 5.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 7.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 8.

Article 26(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Convention on the Transfer of Sentenced Persons. Council of Europe, European Treaty Series No. 112 [1983], Strasbourg, 21st March 1983.

Additional Protocol to the Convention on the Transfer of Sentenced Persons. Council of Europe, European Treaty Series No. 167 [1997], Strasbourg, 18th December 1997.

European Convention on the International Validity of Criminal Judgments. Council of Europe, European Treaty Series No. 70 [1970], The Hague, 28th May 1970.

Convention implementing the Schengen Agreement of 14th June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. Official Journal of the European Communities, L 239/19 of 22nd September 2000.

Article 26(2)(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Council Framework Decision 2008/947/JHA of 27th November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union, L 337/102 of 16th December 2008.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 12.

Council Framework Decision 2009/299/JHA of 26th February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA , 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial. Official Journal of the European Union, L 81/24 of 27th March 2009.

Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Slovak Republic, the United Kingdom and the Federal Republic of Germany with a view to adopting a Council Framework Decision 2008/…/JHA on the enforcement of decisions rendered in absentia and amending Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States, Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties, Framework Decision 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders, and Framework Decision 2008/…/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. Official Journal of the European Union, C 52/1 of 26th February 2008.

Article 8(2)(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 1(a) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 1(b) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Council Framework Decision 2005/214/JHA of 24th February 2005 on the application of the principle of mutual recognition to financial penalties as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union, L 76/16 of 22nd March 2005.

Council Framework Decision 2006/783/JHA of 6th October 2006 on the application of the principle of mutual recognition to confiscation orders as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union, L 328/59 of 24th November 2006.

Article 1(c)(d) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon . Official Journal of the European Union, C 83/47 of 30th March 2010.

Article 82(1) of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon.

Article 8(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 8(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Recital 5 of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

European Commission (2014): ‘Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, COM(2014)57 final, p. 7.

Article 5(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 5(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 7(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 18(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Judgment of the Court of Justice of the European Communities of 1st December 2008—case C-388/08 PPU—Criminal proceedings against Artur Leymann and Aleksei Pustovarov, para. 44.

Article 18(2)(a)(b)(c)(d)(e)(f)(g) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Council Framework Decision 2002/584/JHA of 13th June 2002 on the European arrest warrant and the surrender procedures between Member States. Official Journal of the European Communities, L 190/1 of 18th July 2002.

‘Certificate referred to in Article 4 of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union’ (consolidated version). Official Journal of the European Union, L 327/40 of 5th December 2008.

Article 4(1)(a)(b)(c) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty; see also: Zazra (2014), p. 154.

Article 4(2)(3)(4) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 4(5) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 5(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 5(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Council Decision 2008/976/JHA of 16th December 2008 on the European Judicial Network. Official Journal of the European Union, L 348/130 of 24th December 2008; see also Chap. 14.

Article 5(4) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 5(5) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

In line with the Annex I to the Framework Decision Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 6(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty; Ivor et al. (2013), p. 614.

Article 6(2) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Where the issuing State considers it necessary in view of the sentenced person’s age or his or her physical or mental condition, that opportunity shall be given to his or her legal representative.

‘Notification of the sentenced person’. Official Journal of the European Union, L 327/46 of 5th December 2008.

Article 6(3)(4) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Convention on the Transfer of Sentenced Persons. Council of Europe, European Treaty Series No. 112 [1983], Strasbourg, 21st March 1983. The Additional Protocol to this Convention of 1997 (European Treaty Series No. 167) already provided for the transfer of prisoners without their consent in limited circumstances. However, this Protocol was not ratified by all Member States.

Recital 17 of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 10.

Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC. Official Journal of the European Union, L 158/77 of 30th April 2004. The Directive lays down, first, the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by EU citizens and their family members; second, the right of permanent residence in the territory of the Member States for EU citizens and their family members; and third, the limits placed on the rights set out in the first and second case on grounds of public policy, public security or public health (Article 1(a)(b)(c) of the Directive).

Article 7(1)(a)(b)(c)(d) of the Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

Council Directive 2003/109/EC of 25th November 2003 concerning the status of third-country nationals who are long-term residents as amended by the Directive 2011/51/EU. Official Journal of the European Union, L 16/44 of 23rd January 2004. The Directive determines, first, the terms for conferring and withdrawing long-term resident status granted by a Member State in relation to third-country nationals legally residing in its territory, and the rights pertaining thereto; and second, the terms of residence in Member States other than the one which conferred long-term status on them for third-country nationals enjoying that status (Article 1(a)(b) of the Directive).

Article 5(1)(a)(b) of the Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents.

Council Framework Decision 2008/947/JHA of 27th November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union, L 337/102 of 16th December 2008.

Council Framework Decision 2009/829/JHA of 23rd October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention. Official Journal of the European Union, L 294/20 of 11th November 2009.

Article 20(1)(2) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Belgium is an example of State which uses more official languages than one. Its official languages are Dutch, French and German (ordered from the greatest speaker population to the smallest).

Article 23(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 82(1) of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon .

Article 8(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 12(1)(2)(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty; Ivor et al. (2013), p. 615.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 9.

Article 23(4) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 8(2)(3)(4) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

European Commission (2014): ‘Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, COM(2014)57 final, p. 7.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 9.

Article 10(1)(2) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 11 of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 7(3) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 7(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Convention drawn up from Article K.3 of the Treaty on European Union on the protection of the European Communities’ financial interests. Official Journal of the European Communities, C 316/49 of 27th November 1995.

Pursuant to the Rome Statute of the International Criminal Court, the jurisdiction of the International Criminal Court is limited to the most serious crimes of concern to the international community as a whole. It has jurisdiction with respect to: the crime of genocide, crimes against humanity, war crimes, and the crime of aggression (Article 5(1) of the Rome Statute); details see: Askin (1999), pp. 33–59; or Doria et al. (2009).

Article 7(2) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

See: Declarations by Ireland concerning Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. Official Journal of the European Union, L 91/28 of 29th March 2012.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 9.

Article 21(a)(b)(c)(d)(e)(f)(g)(h)(i) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 7(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Council Framework Decision 2002/584/JHA of 13th June 2002 on the European arrest warrant and the surrender procedures between Member States. Official Journal of the European Communities, L 190/1 of 18th July 2002.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 13.

Article 9(1) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty; full list of the grounds see literal wording of the Framework Decision.

Council Framework Decision 2002/584/JHA of 13th June 2002 on the European arrest warrant and the surrender procedures between Member States. Official Journal of the European Communities, L 190/1 of 18th July 2002.

European Commission (2014): ‘Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, COM(2014)57 final, p. 9.

Article 15(1)(2) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

Article 16(1)(2)(3)(4) of the Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences and deprivation of liberty.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 11.

European Commission (2014): ‘Tables State of play and Declarations accompanying the document Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, Commission staff working document, SWD(2014) 34 final, p. 3; Council of the European Union (2014): ‘Implementation of the Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union – Information provided to the General Secretariat’, 9618/1/14, REV 1.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 6.

European Commission (2014): ‘Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, COM(2014)57 final, p. 11.

Act of the Parliament of the Czech Republic of 20th March No. 140/2013 Coll. on the International Judicial Co-operation in Criminal Matters [Czech: zákon Parlamentu České republiky ze dne 20. března 2013 č. 140/2013 Sb. o mezinárodní justiční spolupráci ve věcech trestních].

Act on the International Judicial Assistance in Criminal Matters of 3rd December 1982 [Ger.: Gesetz über die internationale Rechtshilfe in Strafsachen Vom 3. Dezember 1982]. Federal Law Gazette (Bundesgesetzblatt) I, 1982, p. 2071.

Act of the National Council of the Slovak Republic of 2nd December 2011 No. 549/2011 Coll. on the Recognition and Enforcement of Decisions Imposing Criminal Sanction Involving Deprivation of Liberty in the European Union and on Amending and Supplementing the Act No. 221/2006 Coll. on the Execution of Custody as amended by later legislation [Slovak: zákon Národnej rady Slovenskej republiky z 2. decembra 2011 č. 549/2011 Z. z. o uznávaní a výkone rozhodnutí, ktorými sa ukladá trestná sankcia spojená s odňatím slobody v Európskej únii a o zmene a doplnení zákona č. 221/2006 Z. z. o výkone väzby v znení neskorších predpisov].

European Commission (2014): ‘Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, COM(2014)57 final, p. 10.

European Commission (2014): ‘Report from the Commission to the European Parliament and the Council on the implementation by the Member States of the Framework Decisions 2008/909/JHA, 2008/947/JHA and 2009/829/JHA on the mutual recognition of judicial decisions on custodial sentences or measures involving deprivation of liberty, on probation decisions and alternative sanctions and on supervision measures as an alternative to provisional detention’, COM(2014)57 final, pp. 8 and 9.

De Wree and Balcaen (2009), p. 29.

Convention for the Protection of Human Rights and Fundamental Freedoms. Council of Europe, European Treaty Series No. 5 [1950], Rome, 4th November 1950.

Charter of Fundamental Rights of the European Union. Official Journal of the European Union, C 83/389 of 30th March 2010. In-depth analysis see: Peers et al. (2014).

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 6.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, pp. 6 and 7.

Council of the European Union (2014): ‘Council Framework Decision 2008/909/JHA’, 9885/14, pp. 1–3.

Convention on the Transfer of Sentenced Persons. Council of Europe, European Treaty Series No. 112 [1983], Strasbourg, 21st March 1983.

Additional Protocol to the Convention on the Transfer of Sentenced Persons. Council of Europe, European Treaty Series No. 167 [1997], Strasbourg, 18th December 1997.

European Organisation of Prison and Correctional Services (2013): ‘Expert Group on Framework Decision 909’, Working Group Report, p. 14.

Council Framework Decision 2002/584/JHA of 13th June 2002 on the European arrest warrant and the surrender procedures between Member States as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Communities, L 190/1 of 18th July 2002.

Council Framework Decision 2008/947/JHA of 27th November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions as amended by the Framework Decision 2009/299/JHA. Official Journal of the European Union, L 337/102 of 16th December 2008.