Cross-border execution of judgments involving deprivation of liberty in the EU: overcoming legal and practical problems: an IRCP study

In 2011, the IRCP conducted a comprehensive, in-depth study on the feasibility of cross-border transfer of detention sentences and measures deprivating liberty. In particular, the Council Framework Decision on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (FD 909) was under investigation. By identifying the instrument's merits, but most importantly its ambiguity and flaws, relevant issues regarding fundamental (procedural) rights were assessed. For the academy of European Law Seminar on 'improving conditions related to detention', these findings were presented within a framework of recent national, CJEU and ECtHR case law. Based on the continuous indications coming from these various Courts and both the non-binding and binding principles embedded in International and European legislation, the presentation focuses on formulating recommendations for an enhanced protection of the individual envolved, as well as an improved cooperation between the EU's member states