On the 5th of December 2023, 24 participants from 18 different jurisdictions joined the CEP Expert Workshop on Enhancing the Implementation of Framework Decisions 2008/JHA/947 & 2009/JHA/829 in Brussels, Belgium.
Mr. Gerry McNally from the probation service in Ireland stressed the importance of developing trust between EU Member States to coordinate transfers throughout the EU. Therefore, as Gerry McNally mentioned, practitioners should think about promoting an adequate level of specialization, to which they are able to work with mutual
recognition instruments that include deprivation or limitation on liberty covered by the 9th round of mutual evaluation. With that said, EU Member States are encouraged to promote participation of practitioners at the EU level, by sharing knowledge and raising awareness in order to build up trust.
Ms. Ana Cristina Neves from the probation of Portugal highlighted the perspective of Portugal, by which she points out that the probation teams do frequently receive requests from the Courts to supervise community measures of probationers residing abroad, namely in the EU countries that transposed FD 947. And it is crucial to raise more awareness as still to this day Courts remain resistant to using this option. Consequently, the lack of using FD947, creates the reality for people to stay in prison, and remain to serve their sentences in Portugal. While the alternative could substitute a better option for the offender if the person in itself would be allowed to serve their sentences in their home country.
Furthermore, Mr. Daniel Danglades from the Ministry of France highlighted the French perspective on the Framework Decisions. Whereas Ms. Maija Andrijauska from the European Judicial Network, discussed the future changes related to alternative sanctions and probation measures on the EJN website. Last but not least, Mr. Ramin Farinpour from the Academy of European Law (ERA) presented the work and experience in implementing training projects on the Framework Decisions for practitioners.
Jana Spero, Secretary General from CEP closed the meeting by stressing the importance of coming together to discuss such matters, especially with discrepancies in European Law, it’s important to create an alternative for offenders, by which they are handed the opportunity to set out their sentences in their home country. However, this is easier said than done, since EU Member States, first and foremost, must trust each other before uniformity is able to be promoted at a Pan-European level.