Probation Measures and Alternative Sanctions in Europe: From the 1964 Convention to the 2008 Framework Decision

Abstract

In 2008, the Council of the EU adopted the 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, subsequently amended by the Framework Decision 2009/299/JHA of 26 February 2009. It replaces the 1964 Council of Europe Convention on the supervision of Conditionally Sentenced or Conditionally Released Offenders between Member States. This article observes how the new instrument will be more effective than the Convention on the supervision: a more efficient procedure would better achieve the objective of rehabilitation and should reduce discrimination in the granting of conditional measures to foreign sentenced persons. Furthermore, the article identifies some other interests of sentenced persons in the procedure and examines whether the Framework Decision takes these interests into account.