Strengthening the implementation of Framework Decisions 2008/947 and 2009/829 in the EU Towards a more humane and effective rehabilitation system

IPS_Innovative Prison Systems is partnering in a new European initiative aimed at ensuring that justice and rehabilitation practices are equitable, effective, and respectful of fundamental rights.

“Every citizen of the Union has the right to move and reside freely within the territory of the Member States” [Article 45 of the EU Charter of Fundamental Rights (CFR)].

While this fundamental right brings undeniable benefits, freedom of movement has also contributed to an increase in individuals being tried and convicted outside their country of origin or habitual residence. According to the 2022 SPACE I and II reports, 8% of probationers in European are foreigners, a figure that rises to 16% when referring to incarcerated individuals (Aebi, & Hashimoto, 2022).

Overview of Framework Decisions 2008/947 and 2009/829

Framework Decision 2008/947 (FD) establishes the mutual recognition of judgments and probation decisions, and FD 2009/829 applies the same principle to supervision measures as an alternative to pre-trial detention. Both instruments were designed to improve cooperation and trust among EU Member States.

These instruments seek to promote a more humane and dignified rehabilitation process for foreign accused or convicted individuals (PONT Project, 2020), while encouraging the use of alternative sanctions over custodial measures. This is particularly relevant for foreign nationals, who are disproportionately subjected to imprisonment (Martufi & Peristeridou, 2022).

However, the implementation of FDs 2008/947 and 2009/829 has been inconsistent, limiting their effectiveness in promoting non-custodial alternatives. As a result, their potential to strengthen cross-border cooperation and create a fairer, more efficient justice system in the EU has yet to be fully realised.

The 2023 final report on the 9th round of mutual evaluations of Mutual Recognition legal instruments in the field of deprivation or restriction of liberty highlights a “significant lack of application” of FDs 2008/947/JHA and 2009/829/JHA (Council of the EU, 2023). This limited use of these instruments has important implications, particularly regarding the rights to non-discrimination (Articles 20 and 21 CFR), a fair trial (Article 47 CFR), the presumption of innocence (Article 48 CFR), and the principles of legality and proportionality (Article 49 CFR).

EMPRO – Raising awareness and improving the application of FDs 2008/947 and 2009/829

IPS-partnered initiative EMPRO “Empowerment of the Framework Decisions 2008/947 and 2009/829 through EU Probation Services” seeks to ensure a more frequent and prompt use of pre- and post-trial alternatives to detention, while also promoting stronger and more effective communication between EU Member States.

To this end, the Consortium aims to establish the groundwork for supporting probation officers and other justice professionals (namely judges, prosecutors, lawyers and prison staff) in the more frequent and efficient use of FD 2008/947 and FD 2009/829, advocating for probationary solutions and alternatives to custodial measures. It also seeks to promote the implementation of these FDs through the use of existing and future digital tools, contributing to more effective cooperation between authorities in full compliance with Directive 2023/2843 and Regulation 2023/2844. Additionally, the Consortium aims to foster knowledge sharing amongst professionals in a (trans)national context to enhance cooperation and mutual trust. Finally, it is committed to advocating for the human and fundamental rights enshrined in the CFR and the European Convention on Human Rights, aiming for a more humane and efficient rehabilitation process, particularly for foreign nationals during the pre-and post-trial phases.

To achieve these goals, the EMPRO project will provide comprehensive hybrid training on the practical application of both FDs and the use of existing and upcoming digital tools to help professionals streamline the application of these instruments. The project will also produce informative materials, and organise several national and international events to raise awareness, foster mutual learning, facilitate the exchange of experiences among justice professionals, and promote cooperation between Member States.

As a key partner in the project, IPS will contribute to help justice professionals fully understand and navigate the operational challenges in effectively applying these instruments and improving cooperation between authorities. This will be achieved through the delivery of training materials, the creation of a stakeholder database, and support for national and international events.

IPS’ involvement reflects its expertise in judicial cooperation in criminal matters and in developing awareness-raising and training resources. IPS is leading the B-learning course task and is responsible for developing, piloting, disseminating, finetuning, and implementing the E-learning course.