M O D U L O IV M O D U L E IV

THE PRINCIPLE OF MUTUAL RECOGNITION AND ITS IMPLEMENTATION

MUTUAL RECOGNITION ARREST WARRANT ARREST WARRANT ORDER ORDER FREEZING PROPERTY OR FREEZING PROPERTY OR EVIDENCE EVIDENCE CONFISCATION CONFISCATION EUROPEAN EVIDENCE WARRANT EUROPEAN EVIDENCE WARRANT EXECUTION OF FINANCIAL PENALTIES EXECUTION OF FINANCIAL PENALTIES EXECUTION OF NON-CUSTODIAL SUPERVISION MEASURES EXECUTION OF NON-CUSTODIAL SUPERVISION MEASURES EXECUTION OF CUSTODIAL SENTENCES EXECUTION OF CUSTODIAL SENTENCES EXECUTION OF JUDGMENTS AND DECISIONS ON PROBATION MEASURES WITH A VIEW TO THE SUPERVISION OF PROBATION MEASURES AND ALTERNATIVE SANCTIONS EXECUTION OF JUDGMENTS AND DECISIONS ON PROBATION MEASURES WITH A VIEW TO THE SUPERVISION OF PROBATION MEASURES AND ALTERNATIVE SANCTIONS

UNIT X THE EUROPEAN ARREST WARRANT (1) 1. MUTUAL RECOGNITION AND FUNDAMENTAL RIGHTS 2. GUIDING PRINCIPLES AND INTERPRETATION 3. CONCEPT, NATURE AND CHARACTERISTICS OF THE EAW

UNIT X THE EUROPEAN ARREST WARRANT (2) 4. SCOPE 4.1 Spatial scope 4.2 Temporal scope 4.3 Material scope

UNIT X THE EUROPEAN ARREST WARRANT (3) 5. ISSUING AN EAW 5.1 Competent authority 5.2 The application Procedural stage Form and content 5.3 Transmission 5.4 Action pending the decision Additional information Authorisations Declaration and temporary transfer

UNIT X THE EUROPEAN ARREST WARRANT (4) 5. ISSUING AN EAW (cont.) 5.5. Action after the decision Refusal Surrender Transit 5.6 Effects of surrender Calculation of deprivation of liberty Speciality rule Subsequent surrender 5.7 Expenses

UNIT X THE EUROPEAN ARREST WARRANT (5) 6. EXECUTION OF AN EAW 6.1 Competent authority 6.2 Initial action Arrest and appearance before the judicial authority Hearing of the requested person 6.3 Procedure 6.4 Action pending the decision Supplementary information Declaration and temporary transfer

UNIT X THE EUROPEAN ARREST WARRANT (6) 6. EXECUTION OF AN EAW (cont.) 6.5. Decision Grounds for mandatory non-execution Grounds for optional non-execution Multiple requests Grounds for setting conditions 6.6 Surrender Conditioned or postponed surrender

UNIT X THE EUROPEAN ARREST WARRANT (7) 7. ASSESSMENT OF IMPLEMENTATION Eurojust Report 2009: l_reports/2009/Annual_Report_2009_EN.pdf

1.-ORDERS FREEZING PROPERTY OR EVIDENCE IN EUROPE, CONFISCATION AND THE EUROPEAN EVIDENCE WARRANT in the context of the principle of mutual recognition and immediate execution. UNIT XI

2.-CURRENT LEGISLATION 2.1- Framework Decision 2003/577/JHA Framework Decision 2006/783/JHA Council Framework Decision 2008/978/JHA UNIT XI

3.- MEANING AND SCOPE Freezing orders Confiscation The European evidence warrant. UNIT XI

4.- SCOPE OF EACH OF THE THREE INSTITUTIONS: Material scope Procedural scope Temporal scope. UNIT XI

5.- COMPETENT AND INVOLVED AUTHORITIES IN EACH CASE Issuing authorities 5.2 Executing authorities. UNIT XI

6- THE ACTIVE PROCESS Adoption in proceedings Generation and documentation. The certificate Transmission and incidents. UNIT XI

7- THE PASSIVE PROCESS Recognition Non-recognition or non-execution Postponement of execution Immediate execution Competence Procedure and term Legal remedies Material content of execution Process of execution Cessation of execution Expenses, reimbursement and losses and damages. UNIT XI

MODULE IV UNIT 12 FINANCIAL PENALTIES

1.- INTRODUCTION (in relation to mutual recognition) 1.- INTRODUCTION (in relation to mutual recognition) 2 BACKGROUND TO THE CROSS- BORDER ENFORCEMENT OF FINANCIAL PENALTIES 2 BACKGROUND TO THE CROSS- BORDER ENFORCEMENT OF FINANCIAL PENALTIES

FINANCIAL PENALTIES BACKGROUND TO THE FRAMEWORK DECISION BACKGROUND TO THE FRAMEWORK DECISION - COMMISSION COMMUNICATION (2000) - COMMISSION COMMUNICATION (2000) - COUNCIL’S PROGRAMME OF MEASURES (2001) - COUNCIL’S PROGRAMME OF MEASURES (2001) - GERMAN INITIATIVE (2001) - GERMAN INITIATIVE (2001) - INITIATIVE FROM THE UNITED KINGDOM, FRANCE AND SWEDEN (2001) - INITIATIVE FROM THE UNITED KINGDOM, FRANCE AND SWEDEN (2001) - PARLIAMENT REPORT (2002) - PARLIAMENT REPORT (2002)

FINANCIAL PENALTIES 2.- FRAMEWORK DECISION 2005/214/JHA

FRAMEWORK DECISION 2005/214/JHA SCOPE SCOPE BASIC DEFINITIONS BASIC DEFINITIONS CONCEPT OF CONCEPT OF “DECISION” CONCEPT OF CONCEPT OF “PENALTY” CONCEPT OF CONCEPT OF OFFENCE TERRITORIAL SCOPE

FRAMEWORK DECISION 2005/214/JHA GROUNDS FOR NON- RECOGNITION GROUNDS FOR NON- RECOGNITION GROUNDS. Paying special attention to: Trials in absentia Multiple enforcement. Legal persons The human rights clause CONSEQUENCES

FRAMEWORK DECISION 2005/214/JHA PROCEDURE PROCEDURE JURISDICTION PROCESSING ENFORCEMENT Sum of the penalty Alternative penalty Other incidents Consequences of enforcement.

FRAMEWORK DECISION 2005/214/JHA 3.- CURRENT STATE OF TRANSPOSITION 3.- CURRENT STATE OF TRANSPOSITION DECLARATIONS BY THE STATES

UNIT XIII OTHER INSTRUMENTS OF MUTUAL RECOGNITION

UNIT XIII UNIT XIII THE RECOGNITION OF PRE- TRIAL PROCEDURES NOT INVOLVING A DEPRIVATION OF LIBERTY 2.1. The action of the Commission: the GREEN PAPER and the proposal on the European supervision order. 2.2 FRAMEWORK DECISION

UNIT XIII UNIT XIII. THE ENFORCEMENT OF SENTENCES INVOLVING THE DEPRIVATION OF LIBERTY 3.1. The Strasbourg Convention and the Commission Green Paper 3.2 FRAMEWORK DECISION 3.3 Scope and purpose. Relationship with the EAW 3.4 Coordination with the rules on procedural rights

UNIT XIII UNIT XIII MUTUAL RECOGNITION OF JUDGMENTS AND PROBATION DECISIONS WITH A VIEW TO THE SUPERVISION OF PROBATION MEASURES AND ALTERNATIVE SANCTIONS 4.1. The European space of justice and judgments that establish measures involving the conditional suspension of a sentence or alternative penalties 4.2. The structure and aims of Framework Decision 2008/947/JHA of 27 November The relationship with other European conventions.

UNIT XIII UNIT XIII THE PROSPECTS FOR MUTUAL RECOGNITION OF JUDICIAL DECISIONS IN CRIMINAL MATTERS IN LIGHT OF THE TREATY OF LISBON