The Transfer of Offenders between European Countries and Remission of Sentences: A Comment on the Grand Chamber of the Court of Justice of the European Union’s Judgment in Criminal Proceedings against Atanas Ognyanov of 8 November 2016 Dealing with Article 17 of Council Framework Decision 2008/909/JHA

Jamil Ddamulira Mujuzi

doi:10.5771/2193-5505-2017-3-288

Contents
- Chapter Expand | CollapseAuthorsPage
- 215–216 Titelei/Inhaltsverzeichnis 215–216
- 217–218 Editorial 2017/3 Ingeborg Zerbes Ingeborg Zerbes 217–218
- 219–320 ARTICLES 219–320
Durchsuchen Sie das Werk
Geben Sie ein Keyword in die Suchleiste ein
No access

EuCLR European Criminal Law Review , page 289 - 303

The Transfer of Offenders between European Countries and Remission of Sentences: A Comment on the Grand Chamber of the Court of Justice of the European Union’s Judgment in Criminal Proceedings against Atanas Ognyanov of 8 November 2016 Dealing with Article 17 of Council Framework Decision 2008/909/JHA

Autoren

Jamil Ddamulira Mujuzi

DOI
- doi.org/10.5771/2193-5505-2017-3-288
- ISSN: 2191-7442
- ISSN online: 2193-5505
Abstract

Article 17 of 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 2008/909/JHA, provides for the manner in which the transferred prisoner’s sentence has to be served. In case C-554/14 (Criminal Proceedings against Atanas Ognyanov) of 8 November 2016, the Grand Chamber of the Court of Justice of the European Union, for the first time, interpreted Article 17 of Council Framework Decision 2008/909/JHA and held, inter alia, that although the sentence of the transferred offender has to be governed by the laws of the executing state, the laws of the executing state do not apply to the part of the sentence that the offender served in the issuing state before the transfer. The Court also held that although the Framework Decision does not have direct effect in EU member states, courts in countries where the Framework Decision has not yet been transposed must interpret their offender transfer legislation to comply with the Framework Decision. The purpose of this article is to highlight the Grand Chamber’s judgment and call upon EU member states to ensure that before an offender is transferred to serve his sentence in another country, he/she is informed fully of the legal consequences of the transfer.
Share