Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers In some states, there are no clear rules – hence, whether it is possible to revoke consent will depend on the jurisprudence and practice. The interpretation can go either way: if the law does not provide for such a possibility, it is not allowed; or, since the law does not explicitly prohibit it, it is allowed. When it comes to revoking consent to transfers of probation measures, the law or practice of only five states (Denmark, Finland, Hungary, Malta and the Netherlands) provide for such a possibility. Only four states – Denmark, Finland, Hungary and Latvia – allow for revoking consent to transfers of supervision measures. Ten EU Member States (Belgium, Denmark, Finland, Hungary, Ireland, Italy, the Netherlands, Portugal, Sweden, and the United Kingdom) provide for a possibility to revoke consent for transfers of prisoners either in law or in practice. Eleven (Belgium, the Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, Latvia, Portugal and the United Kingdom) allow for changing one’s opinion. In Italy, very few cases of actual withdrawals of consent have been reported, as confirmed by a representative of the Italian Ministry of Justice.315 Likewise, in practice in Portugal, consent is withdrawn in very few situations, and when it is, it is normally linked to the sentenced person having obtained his/her conditional release.316 6.8. Right to appeal forwarding decisions in the issuing state Decisions on forwarding judgments/decisions together with the certificates are made in accordance with domestic law. The three transfer decisions provide that each EU Member State shall determine which authorities are competent in accordance with a given Framework Decision, when that Member State is the issuing state or the executing state.317 However, none contains a provision about a right to appeal decisions made by Figure 16: Possibility to appeal transfer decisions in EU Member States 20 18 AT BE BG CY CZ DK EL FR HR HU LU MT NL PL 16 14 12 10 DE EE ES FI FR LT LV NL RO SE UK 8 6 4 2 0 AT BE CY CZ DK EL HR HU IT LU MT PL PT EE ES FI LT LV BG IE Framework Decision on transfer of prisoners Possibility to appeal Source: Framework Decision on probation and alternative sanctions No possibility to appeal EE ES FI LT PT BE BG CY DE IE LU SE UK Framework Decision on the ESO Not implemented/implementation pending FRA, 2015 315 Italy, Representative of the Directorate General for Criminal Justice. 316 Portugal, Representative of the Prosecutor General’s Office. 96 DE IE IT SE UK AT CZ DK EL FR HR HU IT LV MT NL PL RO 317 See Council Framework Decision 2008/909/JHA, Art. 2 (1); Council Framework Decision 2008/947/JHA, Art. 3 (1); Council Framework Decision 2009/829/JHA, Art. 6 (1).