As part of the second workpackage of the PONT project, a literature review on the obstacles and difficulties detected in the implementation of the Council Framework Decision (FD) 2008/947/JHA and Council Framework Decision (FD) 2009/829/JHA has been carried out.
The main objectives of this project are to offer training to the competent authorities on the two FDs and to create a sustainable network of experts in this field. To this end, the project team has produced this report to conduct a literature review on the above-mentioned FDs, covering academic papers, grey literature and previous training content. This review has focused on collecting useful data and information related to the implementation of the mentioned FDs (947 and 829) in order to highlight the most important learning points. From here, PONT will develop an e-manual on good practices and to develop a training package, our project goals. Therefore, articles, books, project reports and other kind of documentation have been taken into account, paying special attention to the training materials developed in prior projects or reports coming from international entities (organisations and EU institutions) related to the practical implementation of the FDs 947 and 829.
The University Loyola Andalucía team is the coordinator and producer of this report.
PONT Literature review
This report, which addresses a literature review above the Council Framework Decision (FD) 2008/947/JHA and Council Framework Decision (FD) 2009/829/JHA, forms part of the Probation Observatory. Training and Network (PONT) project.
Training Gap Analysis
In order to identify the training gaps in the relation to the implementation of Framework Decisions (FDs) 947/2008 and 829/2009, an European survey has been conducted with the assistance of the European Judicial Network. The survey was placed on the EU Survey platform and competent authorities from the European Union (EU) were invited to fill out the questionnaire. By the end of April, a total of 35 respondents had registered their answers on the platform.
E-manual for implementing
For many years the proportion of foreign prisoners in the EU prisons have been significantly high. Countries like Austria or Luxembourg registered high percentages of foreign prisoners of up to 70%. Some of these foreign prisoners were EU nationals, mostly from the new democracies.
In many cases, the foreigner’s over-representation in the European prison systems was attributed to the lack of alternatives to pre-trial detention or alternatives to detention for this group. In spite the former Council of Europe initiatives, the judiciary still has not experienced much cooperation among each other in European Union in the field of criminal justice.
Against this backdrop, the European Council has adopted several framework decisions aiming at improving the mutual trust and cooperation among the EU Member States in the field of justice and home affairs. Two of these framework decisions were Council Framework Decision 2008/947/JHA on the application of the principle of mutual recognition of probation decisions and alternative sanctions (Probation and Alternative Sanctions) and Council Framework Decision 2009/829/JHA on the application of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (European Supervision Order).