PRACTICAL IMPLEMENTATION OF FRAMEWORK DECISIONS 2008/947 & 2009/829: OBSTACLES & SOLUTIONS

This book offers a complete and practical vision on the Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions and Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention. Having been progressively incorporated into the different legal systems of the EU countries, those instruments, known respectively as the European Probation Order (EPO) and the European Supervision Order (ESO) are still very underused today. The promotion of the use of these legal instruments is therefore presented as urgent and necessary, in order to ensure the social reintegration of the users of the criminal justice systems that today, without borders between the EU states, make up a single area of security and justice. Firstly, this manual it includes an analysis of their content and state of implementation. Secondly, an analysis is carried out of both the alternative measures to pre-trial detention and the penalties and community measures alternative to the prison sentence in force in the countries involved in the production of this manual: Spain, Romania, Germany and Latvia. All the obstacles that have been detected in the implementation of the aforementioned Framework Decisions after two years of quantitative and qualitative research are detailed and practical solutions are projected, as well as existing resources, which will allow these obstacles to be solved, thus promoting the use of both legal instruments by lawyers, judges, prosecutors, officials related to the administration of justice, as well as by the users of the criminal justice system. The most interesting jurisprudence of the Court of Justice of the European Union in relation to these Framework Decisions, as well as some significant real cases, are finally added to make this manual even more practical and useful for the eventual readers of this work.

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