7. Mutual Recognition of Probation Measures and Alternative Sanctions

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.

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. 23 of the Mutual Recognition Programme .

Initiative of the Federal Republic of Germany and of the French Republic with a view to adopting a Council Framework Decision (2007/…/JHA) of … on the recognition and supervision of suspended sentences, alternative sanctions and conditional sentences . Official Journal of the European Union, C 147/1 of 30th June 2007.

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.

Article 1(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions; see also: Ivor et al. (2013), p. 621; Zazra (2014), p. 155.

Recital 8 of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders. Council of Europe, European Treaty Series No. 51 [1964], Strasbourg, 30th November 1964.

Article 23(1)(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

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 1(2)(a)(b)(c) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions; see also: Ryckman et al. (2009), p. 121.

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 (details see Chap. 6).

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 (details see Chap. 8).

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 (details see Chap. 9).

Article 4(1)(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 2(1)(a)(b)(c)(d) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 2(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 2(3) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 2(4) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 2(5)(a)(b) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 2(6) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 2(7) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 2(8)(9) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

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 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Recital 20 of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 6(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 6(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 10(3) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

‘Certificate referred to in Article 6 of Council Framework Decision 2008/947/JHA of 27 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’ (consolidated version). Official Journal of the European Union, L 337/115 of 16th December 2008.

In line with the Annex I to the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 5(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions; Ivor et al. (2013), p. 624.

Article 5(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 6(5) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

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 6(7) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

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.

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 21 of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 7(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

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 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 12(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 12(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 8(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 9(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 9(2)(3) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 13(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 10(3) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 10(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Convention drawn up on the basis of 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 10(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 14(1)(a)(b)(c) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 14(3)(a)(b)(c) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 14(4)(5) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 20(1)(2)(3) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 11(1) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions; full list of the grounds see literal wording of the Framework Decision.

Recital 17 of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Treaty on European Union as amended by the Treaty of Lisbon . Official Journal of the European Union, C 83/13 of 30th March 2010. In-depth analysis of Article 6 of the Treaty see: Grabenwarter and Pabel (2013), pp. 287–348.

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).

Recital 5 of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 18(1)(2)(3)(4)(5)(6) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 16(1)(a)(b)(c)(d) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 16(2) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

Article 17(1)(a)(b)(c) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

‘Form referred to in Article 17 of Council Framework Decision 2008/947/JHA of 27 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: Report of a Breach of a probation measure or alternative sanction, or of any other findings’. Official Journal of the European Union, L 337/121 of 16th December 2008.

Article 17(5)(a)(b)(c)(d) of the Framework Decision 2008/947/JHA on mutual recognition of probation measures and alternative sanctions.

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.

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. 4 and 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. 533/2011 Coll. on the Recognition and Enforcement of Judgments Imposing Penal Sanction Not Involving Deprivation of Liberty or Probation Measures with a View to the Supervision in the European Union [Slovak: zákon Národnej rady Slovenskej republiky z 2. decembra 2011 č. 533/2011 Z. z. o uznávaní a výkone rozhodnutí, ktorými sa ukladá trestná sankcia nespojená s odňatím slobody alebo probačné opatrenie na účely dohľadu v Európskej únii].

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. 4 and 11.

European Commission (2011): ‘Strengthening mutual trust in the European judicial area – A Green Paper on the application of EU criminal justice legislation in the field of detention’, COM(2011) 327 final, p. 8.

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. 6.