In a globalised society, freedom of movement across the European Union has undoubtedly generated benefits for individuals and countries. However, there have been consequences in relation to criminal activity and migration and across Europe there are thousands of people imprisoned outside their country of residence. Foreign national prisoners can place a strain on the national prison service in terms of capacity, resources and sentence planning for individuals who may be returned to their country of origin at the end of their sentence. European Union Framework Decision FD2008/909/JHA applies the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or deprivation of liberty. Whilst the Framework Decision provides a mechanism for the transfer of sentenced EU-nationals to enhance the individual’s social rehabilitation, there are issues in the execution of transfers between countries with different legal and administrative structures and processes.
Supported by the Justice Programme of the European Union