European Criminal Justice - EJTN

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EJTN training guideline in European Criminal Justice - Update 20111. Council Framework Decision 2009/948/JHA of 30 November 2009 onprevention and settlement of conflicts of exercise of jurisdiction incriminal proceedings (OJ L 328/42; 15.12.2009)2. Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the CzechRepublic, the Kingdom of Denmark, the Republic of Estonia, the HellenicRepublic, the Kingdom of Spain, the French Republic, the Republic ofLatvia, the Republic of Lithuania, Republic of Hungary, the Kingdom ofthe Netherlands, Romania, the Republic of Slovenia, the Slovak Republicand the Kingdom of Sweden for a Council Framework Decision2009/…/JHA of … on transfer of proceedings in criminal matters (OJ C219/7; 12.9.2009)3. Council Framework Decision 2009/829/JHA of 23 October 2009 on theapplication, between Member States of the European Union, of theprinciple of mutual recognition to decisions on supervision measures asan alternative to provisional detention (OJ L 294/20; 11.11.2009)4. Green Paper on conflicts of jurisdiction and the principle of ne bis in idemin criminal proceedings (COM(2005) 696)5. Art. 54 Schengen Convention6. Art. 50 Charta of fundamental rights7. Initiative of the Hellenic Republic with a view to adopting a CouncilFramework Decision concerning the application of the ‘ne bis in idem’principle (OJ C 100/24; 26.4.2003)8. Convention between the Member states of the European Communities onDouble Jeopardy of 25 May 19879. Agreement of 6 November 1990 between the member states of theEuropean Communities on the transfer of proceedings in criminal mattersc. Case law1. Case 17885/04, Orchowski, Judgment of 22 October 20092. Case 22635/03, Sulejmanovic, Judgment of 16 July 20093. C-491/07, Turansky, Judgement of 22 December 20084. Case C-297/07, Bourquain, Judgment of 11 December 20085. Case C-367/05, Norma Kraaijenbrink, Judgment of 18 July 20076. Case C-288/05, Jürgen Kretzinger, Judgment of 18 July 20077. Case C-150/05, Rechtbank 's-Hertogenbosch Judgment of 28 September20068. Case C-467/04, Gasparini, Judgment of 28 September 20069. Case C-436/04, van Esbroeck, Judgment of 9 March 200610. Case C-469/03, Mario Miraglia, Judgment of 10 March 200511. Cases C-187/01 and C-385/01, Gözütok and Brügge, Judgment of11 February 200312. Case-493703, Hiebeler, Reference for a preliminary ruling3. TrainersTrainers should be EU experts and scholars.4. Trainees41
EJTN training guideline in European Criminal Justice - Update 2011Training on the conflicts of jurisdiction is recommended for senior judges andprosecutors.5. MethodologyA) Training methodTraining methods recommended are training courses, basic seminars anddistance learning courses.B) Complementary e-learningTraining on this legal instrument can be completed by e-learning.C) PriorityTraining is recommendedD) FormatThe training format recommended national and EU-wide training.VII. Enforcement of foreign criminal sentences1. IntroductionIn 1970, the Council of Europe provided a coherent legal framework establishingthe rules under which it would be possible to enforce foreign criminal sentences.Despite its excellent technical quality, the proposed mechanism was notaccepted due to its extreme complexity which led, in the end, to an insignificantnumber of ratifications. More or less the same reasons made the followingattempt of the EU Member States equally unsuccessful: although a Conventionon the same issue was signed in Brussels on 13 November 1991 which intendedto complete and develop the principles contained in the former Council’s ofEurope Convention, the same lack of enthusiasm prevailed regarding itsratification. More recently, the development of the principle of mutualrecognition in criminal matters opened the way to two major instruments,already into force, and related to the enforcement of financial penalties (2005)and confiscation orders (2006).Closely related to this issue, and being also proposed to be dealt with in thissame module are also:The Framework Decision 2008/947/JHA on the application of the principle ofmutual recognition to judgments and probation decisions with a view to thesupervision of probation measures and alternative sanctions lays down rulesaccording to which a Member State, other than the Member State in which theperson concerned has been sentenced, recognises judgments and, whereapplicable, probation decisions and supervises probation measures imposed onthe basis of a judgment, or alternative sanctions contained in such a judgment,and takes all other decisions relating to that judgment, unless otherwiseprovided for in this Framework Decision. The Framework Decision does notapply to the execution of judgments in criminal matters imposing custodial42
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