EU instruments: The Framework Decisions
Figure 2: Overview of the three Framework Decisions, the European Arrest Warrant and the Victims’ Rights
Directive: duration from adoption to deadline for implementation/transposition as well as duration
until at least 2/3 of EU Member States implemented/transposed the respective instrument
Transfer of
prisoners
Probation and
alternative sanctions
European Supervision
Order
Victims’ Rights
Directive
European
Arrest
Warrant
2002
2004
2006
2008
2010
2012
2014
?
2016
2018
Legend
Duration from adoption to
implementation/transposition deadline
Source:
FRA, 2016
There have been significant developments since the
Commission’s 2014 implementation assessment, with
only a handful or fewer Member States not yet having
formally implemented the instruments. The European
Judicial Network provides updated information online
on the status of implementation.18 As of 1 May 2016,
Bulgaria and Ireland had not fully implemented the
Framework Decision on transfer of prisoners (implementation processes are ongoing in both countries).
For the Framework Decision on probation and alternative sanctions, only Ireland had not completed implementation, but this is pending (the United Kingdom is
not taking part). Twenty-three EU Member States had
implemented the Framework Decision on the ESO, with
an additional three (Cyprus, Ireland, and Luxembourg)
being in the process of implementation and two (Belgium and Bulgaria) having yet to implement it.
According to the European Commission, wide variations
exist in the transposition of some of the provisions, such
as those related to the role of the person concerned in
the transfer process, the principle that sentences should
18
Duration until at least 2/3 of EU Member States
had transposed or implemented the instrument
(e.g. 19/28 even if 25 only in 2004)
European Judicial Network (EJN), Judicial Library.
not be adapted in the executing state, and the application of grounds for refusal. For example, some Member
States have added additional grounds based on which
executing states are to refuse transfers. Adding grounds
for refusal and making these mandatory seems to be
contrary both to the letter and spirit of the Framework
Decisions.19
EU Member States have also issued declarations regarding some provisions of the decisions. The Framework
Decision on transfer of prisoners in Article 7 (1) on
double criminality lists offences that must be recognised by executing states without verification of double
criminality; this will not be applied by Austria, the Czech
Republic, France, Hungary, Ireland, Lithuania, Poland,
Romania, and Slovenia. Some EU Member States have
also declared that the decisions will only be applicable to judgments issued after the date of entry into
force or the date of implementation. With regard to the
Framework Decision on the ESO, Lithuania, Poland and
19
European Commission (2014), p. 10.
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