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Framework Decisions 909 and 947 A Policy Perspective

Framework Decisions 909 and 947 A Policy Perspective. DUTT Conference Amsterdam, Netherlands 25 January 2013. State of Play. Implementation deadline passed in December 2011 Green Paper on Detention June 2011, 81 replies No support for new legislative action

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Framework Decisions 909 and 947 A Policy Perspective

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  1. Framework Decisions 909 and 947A Policy Perspective DUTT Conference Amsterdam, Netherlands 25 January 2013

  2. State of Play • Implementation deadline passed in December 2011 • Green Paper on Detention June 2011, 81 replies • No support for new legislative action • Concentrate on existing legal instruments • Implementation reports Mid-2013 • Experts' meetings in March and November 2012

  3. State of Play Implementation

  4. Importance of timely implementation • Infringement actions from December 2014 • Mutual recognition: MS are dependant upon each other • Less need to use EAW (909), to resort to custodial sentences (947) and pre-trial detention (829) • Contributes to the social rehabilitation, provides alternatives to detention and as improves detention conditions by reducing overcrowding

  5. Background and purpose • Initiatives of MS • Counter balance to EAW • In line with other procedural rights instruments • Main purpose : social rehabilitation • Existing CoE Conventions not very efficient and limited application

  6. Differences CoE/FD 909

  7. Differences CoE/FD 909

  8. Aims of the FD: somereminders • Social rehabilitation should always be assessed • Obligation ES to accept transfers, unless grounds for refusal • Mutual recognition: not re-examine decision of IS, only adapt • Role of sentenced person: legal remedies • IS has last say, can always withdraw certificate

  9. Implementation problems FD 909 • Regime of subsequentdecisions (Article 17) • Consent (Article 6) • Grounds for refusal (Article 9)

  10. Implementation problems FD 947 • Nature of CompetentAuthorities (Article 3) • Types of Probation measures/Alternative Sanctions (Article 4) • Consent (Article 5) • Regime of subsequentdecisions (Article 14)

  11. Transitional regime • Article 26 of FD 909 indicates that the FD shall, from 5 December 2011, replace the corresponding provisions of the existing conventions applicable in relations between MS, such as CoE Convention on the Transfer of Prisoners • Indirect effect of FDs : ECJ Case C-105/03 (Pupino) and C-42/11 (Lopes Da Silva Jorge)

  12. Late declarations • Article 28 of FD 909 states that, any Member State may, on the adoption of this Framework Decision, make a declaration indicating that, with respect to judgments issued before 5 December 2011, continue to apply the existing legal instruments on the transfer of sentenced persons • Date of adoption was 27 November 2008

  13. Thank you! Contact/Info: European Commission DG Justice Procedural Criminal Law Jesca Beneder LegalOfficer Tel.: +32-2 29 67530 E-mail: jesca.beneder@ec.europa.eu 13

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