Creating a more effective and harmonised application of the Framework Decision 2008/947 to improve rehabilitation prospects

IPS_Innovative Prison Systems partners a new European initiative dedicated to promoting a unified approach to the implementation of the Framework Decision 2008/947 across the European Union, strengthening rehabilitation opportunities for probationers.

In the EU, where people often live or move across borders, those convicted of crimes are not always sentenced or supervised in the country where they reside. Framework Decision 2008/947 (FD) establishes rules for Member States to recognise and supervise probation measures and alternative sentences across borders. Its main goals are to support the rehabilitation of sentenced individuals, protect victims and the wider public, and encourage the use of fair and effective alternatives to prison when the sentenced person lives in a different country from where they were convicted.

Although this Framework Decision was designed to support rehabilitation and established mechanisms to do so, research has shown that the assessment of rehabilitation prospects is often overlooked in comparison to other implementation challenges. In fact, “many jurisdictions still have little experience in using FD 947” (Montero Perez de Tudela & Ruíz, 2023, p. 4) and the persistently low numbers in the use of the instrument need to be properly addressed.

Overview of Framework Decision 2008/947

FD 2008/947 clearly states that the purpose of recognising and supervising suspended sentences, conditional sentences, alternative penalties, and decisions on conditional release is to improve the chances of the sentenced person successfully reintegrating into society.

This idea is also supported by both the European Convention on Human Rights (Articles 3, 5 [1], and 8), and the Charter of Fundamental Rights of the European Union (Articles 4, 6 and 49 [3]). Both the European Court of Human Rights and the Court of Justice of the European Union have made rulings on how these articles apply to the rehabilitation prospects of sentenced individuals, whether they are incarcerated, on probation, or serving alternative measures, emphasising the need to actively promote these rehabilitation efforts (as in the ECtHR case Vinter a.o./the UK). However, as mentioned above, the implementation of this FD has been facing several hurdles in practice. As a result, it is often set aside in favour of more familiar procedures.

Authorities face pressure to meet tight deadlines for forwarding certificates, while also trying to understand and assess the real situation of the person concerned. This includes evaluating how supervision would work in the country where the sentence would be served, and whether the person would be released into a stable and suitable environment. This raises a key question for justice authorities when faced with transfer proceedings: should timeframes be ignored in favour of a thorough assessment, or should mutual trust be followed?

In theory, both should be possible—but in practice, the challenges stack up. These concerns were reflected in the recent report of the 9th round of mutual evaluations on mutual recognition instruments, carried out by the Council of the European Union. The report identifies that many professionals still know little about this legal tool. That lack of awareness leads to limited use, which in turn limits experience and confidence in applying it.

EUROProspects – Helping FD 2008/947 work better across borders

IPS-partnered initiative EUROProspects “Ensuring Probationers’ Rehabilitation Prospects via targeted enhancement of the implementation of FD 2008/947” aims to promote a more frequent and consolidated use of this FD.

In practice, the Consortium aims to establish the groundwork for better supporting justice professionals and probation services when dealing with the use of FD 2008/947, generate and expand awareness, knowledge, and practical competences of the target group to harness the full potential of this instrument.

In order to give greater consideration to the rehabilitation prospects in FD 2008/947 and to strengthen its implementation, EUROProspects focuses on expanding authorities’ knowledge, reinforcing the role of probation services, and enhancing cross-border communication and cooperation. In line with this goal, the project will collaborate directly with judges, prosecutors, and probation officers to ensure a more effective and coordinated approach.

For these purposes, the EUROProspects project will develop a number of practitioner-oriented informative materials, create multi-disciplinary networks, as well as organise several national and international events, aimed at fostering awareness-raising, mutual learning, exchange of experiences and cooperation among justice professionals and probation officers.

As a core partner in EUROProspects, IPS will contribute—alongside other partners—to assessing inter-agency cooperation, conducting practitioner interviews and surveys, and supporting national and international events. Its involvement reflects IPS’s long-standing experience in justice reform and cross-border cooperation.

IPS leads the strand of work focused on promoting the consideration of rehabilitation prospects in the use of Framework Decision 2008/947. In line with this, IPS is tasked with developing informative materials to support practitioners in their daily work. This includes the development of a Promising Practice Implementation Workbook, which will present approaches that can be adapted or replicated across Member States. These resources will draw on findings from past EU-funded projects such as METIS, PONT, ISTEP, and J-CAP, consolidating existing knowledge into practical tools for justice professionals.

To kick-start the project, the Consortium held its first online project meeting on February 24th. This event offered an excellent opportunity for the partnership to get to better know each other and set clear goals for the upcoming months.