The cross-border enforcement of probation measures and alternative sanctions in the EU: The poor application of Framework Decision 2008/947/JHA

Framework Decision 2008/947/JHA (FD) is an act of the EU concerning cooperation in criminal matters between national judicial authorities. It facilitates the recognition of final judicial decisions imposing non-custodial sentences across the Union, to allow the cross-border enforcement of probation measures or alternative sanctions (see the measures listed in Art. 4). As such, this instrument is part of the EU toolbox governing the cross-border transfer of offenders, because it enables a person to serve his/her sentence in another Member State. In fact, it is complementary to FD 2008/909/JHA on the transfer of prisoners and to FD 2009/829/JHA concerning the European Supervision Order.

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