Overall goals and fundamental rights
Figure 3: Criteria issuing states use to assess prospects for social rehabilitation
Detention conditions
10 EU Member States
• CZ, DE, DK, FR, HR, HU, LT, SE, SI, UK
Humanitarian concerns
12 EU Member States
• Health condition: BE, FR, PT
• Not specified: CZ, DE, DK, HU, IE, LT, MT, SI, UK
Family and social ties
22 EU Member States
• Language: EE
• Citizenship: AT
• Presence of children: SE
• Bond with executing State: EE, NL
• Not specified:
AT, BE, BG, CZ, DE, DK, FI, FR, HU, IE, IT, LT, LV, MT, PL, PT, SI, SK, UK
Note:
A number of EU Member States refer to more than one criterion, so they are listed repeatedly in the chart.
Source:
FRA, 2015
humanitarian concerns or detention conditions in the
executing state (12 and 10, respectively). It appears that
some states presume that all EU Member States comply
with the minimum standards – as reflected in the Slovenian statement that “there is a common understanding
that conditions in all EU Member States are comparable
to the ones in Slovenia”.101
2.3. Fundamental rights
refusal grounds
States have numerous options to refuse a transfer,
both as issuing state and as executing state. Under the
Framework Decision on transfer of prisoners, an issuing state might refuse to initiate proceedings requested
by the executing state or the sentenced person (Article 4 (5) of the Framework Decision on transfer of
prisoners). The issuing state might refuse to forward
a judgment and certificate if, after consultations with
the executing state, it is not satisfied that enforcement
of the sentence by the executing state would serve the
purpose of facilitating the sentenced person’s social
rehabilitation (Article 4 (2)). Additionally, the issuing
state might refuse a transfer after considering the opinion of the sentenced person (Article 6 (3)). Moreover,
the issuing state may withdraw a certificate from the
executing state, giving reasons for doing so, as long as
101 Slovenia, Representative of the District Court of Ljubljana.
enforcement of the sentence in the executing state has
not begun (Article 13).
Under the Framework Decision on probation and alternative sanctions and the Framework Decision on the
ESO, an issuing state might refuse to initiate proceedings when requested by the sentenced person or suspect (Article 4 (2) and Article 9 (2), respectively). Issuing
states might also withdraw a certificate without giving
reasons, provided that supervision in the executing
state has not yet begun (Article 9 (4) of the Framework Decision on probation and alternative sanctions,
Article 13 (3) of the Framework Decision on the ESO).
As stated in Chapter 1, while reading the summary
of findings, it should be noted that not all Member
States had implemented all three Framework Decisions at the time of data collection.
The executing state’s consent is required when a transfer is directed to a Member State other than a state of
nationality where the sentenced person lives or where
they will be deported (Article 4 (1) (c) the Framework
Decision on transfer of prisoners). States should take
into account the purpose of facilitating the sentenced
person’s social rehabilitation (Article 4 (6)). Pursuant
to this provision, some states have adopted specific
measures based on which the competent authorities
make their decisions. For example, Austria recognises
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