Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers Table 3: Overview of the three Framework Decisions – basic facts Transfer of prisoners Probation and alternative sanctions European Supervision Order (ESO) Full title Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union 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 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 Reference 2008/909/JHA 2008/947/JHA 2009/829/JHA Date of adoption 27 November 2008 27 November 2008 23 October 2009 Deadline for implementation 5 December 2011 6 December 2011 1 December 2012 Full name (emphasis added) “on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union” “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” “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” Applicable to EU Member States 28 27 (UK not taking part) 28 Short name Source: FRA, 2016 Figure 1: Main stages of mutual recognition and transfer of measure and roles of issuing and executing state Crime committed in Issuing State Source: Judgment/ decision/ supervision order issued Decision is forwarded to Executing State Executing State recognises the decision Monitoring/ executing phase FRA, 2016 Fulfilling the potential of the three Framework D e c i s i o n s re q u i re s p ro p e r a n d e f f e c t i v e implementation into national legislation. However, according to the European Commission’s February 2014 implementation assessment, many Member States had not implemented these Framework Decisions – although the respective deadlines had passed (5 December 2011 for the Framework Decision on the transfer of prisoners, 6 December 2011 for the Framework Decision on probation and alternative sanctions, and 1 December 2012 for the Framework Decision on the ESO).17 Figure 2 provides an overview of the implementation timelines for the three Framework Decisions, the related European Arrest Warrant, and the Victims’ Rights Directive, which is also of relevance. 17 26 Sentenced person/ probation or supervision measure is transferred European Commission (2014).