Transfer of Judgments of Conviction in the European Union and the Respect for Individual’s Fundamental Rights

This book addresses the question of how, in the post-trial context, respect for fundamental rights affects mutual recognition and mutual trust in EU criminal law. It is the final outcome of research jointly funded by the European Commission and five major European Universities (the Research Institute on Judicial Systems of the National Research Council of Italy, the University of Babes Bolyai in Romania, the University of Lund in Sweden, the University of Wrocław in Poland and Utrecht University in the Netherlands). Leading scholars in these five countries focus on the Framework Decision on the European Arrest Warrant, Framework Decision 2008/909 on the Transfer of Prisoners and Framework Decision 2008/947 on judgments and probation decisions.

The study has applied a multidisciplinary approach (law and social sciences) for the identification of the problems affecting mutual trust and the implementation of mutual recognition. Interviews with practitioners and sentenced persons have therefore been conducted. In particular, the book analyses to what extent not only the right guaranteed by Article 3 ECHR is protected, but also whether the principle of mutual trust and, consequently, mutual recognition can be affected by the rights to family life and the right to a fair trial. Concerning the latter right, special attention is paid to Directive 2012/13/EU on the right to information in criminal proceedings, Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and Directive 2010/64/EU on the right to interpretation and translation.

The editor, Tony Marguery, is lecturer in EU law at Utrecht University in the Netherlands.

Please click on the link for more information about ‘Mutual Trust under Pressure, the Transferring of Sentenced Persons in the EU.