Procedural aspects: Information and Consent
Figure 13: Framework Decision on transfer of prisoners: procedure in issuing state to inform sentenced persons
of option to transfer judgments or decisions to another Member State
Provided in law
Provided in practice
No procedure provided
No practice established
Not implemented/
Implementation pending
Note:
Bulgaria and Ireland have not implemented the Framework Decision on transfer of prisoners. However, transfer is possible
in accordance with the Transfer Convention.
Source:
FRA, 2015
The European Supervision Order provides, in Article 9 (1),
that a decision on supervision measures may be forwarded to the competent authority of the Member State
in which the person is lawfully and ordinarily residing,
where the person, having been informed about the
measures concerned, consents to return to that Member
State. Article 9 (2) stipulates that, upon request of the
affected person, the decision may be forwarded to
a Member State other than the usual place of residence,
on condition that authorities of that state consent to this.
This chapter focuses on the procedural rights of persons subject to transfer proceedings. It first examines
what information relating to the possibility of transfers
is made publicly available or provided to suspects/sentenced persons. The chapter then examines the consent procedure and analyses the notion of ‘informed
consent’.
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.
6.1. Information on the
possibility to transfer
FRA’s research shows that, in a majority of the EU
Member States, the only information made publicly
available about the Framework Decisions is the legislation implementing its content. Seventeen states
make available only the text of the law implementing
the Framework Decision (Austria, Belgium,268 Croatia,
268 Council Framework Decision 2008/909/JHA; Council
Framework Decision 2008/947/JHA.
85
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents