Re-Individualizing the Criminal Sanctions of Deprivation of Liberty in the European Union

• Author: Ion Rusu
• Pages: 204-208

European Integration -

Realities

204

Re

Sanctions of Dep

Danubius University

Abstract: The subsequent

reco

another Member State, oth er tha

of the European Union. Howeve

minimum and maximum limits

approach in the sense that a mem

with the maximum limits gre

ater

resolved by adopting the Framew

the European legislative act allow

liberty sentence, the goal bein

enforcement state. In the implem

has recogniz

ed such a court orde

re-

individualize the penalty rega

highlights also some flaws that

Member States to fully modify th

the sentencing State.

Keywords:

deprivation of liberty

1. Introduction

European legislative act govern

measures involving deprivation

issuing) is 2008/909/JHA Counc

mutual recognition to judgmen

involving deprivation of liberty fo

As stated i

n the title, European le

conviction that Member State wh

The penalty of imprisonment i

rehabilitation of sentenced person

Execution of the sentence in a

rehabilitation of sentenced perso

es and Perspectives

Re

-Individualizing the Criminal

eprivation of Liberty in the European

Ion Rusu

ity of Galati,

Faculty of Law, ionrusu@univ-

dan

cognition of

the execution of criminal penalties of deprivat

than the one of the conviction, is an act of mutual trust betwee

ever, the differences between criminal legal norms, part

icula

its of some punishment prescribed for the same offense, re

ember cannot recognize and then enforce a sentence of depr

ter than its own legislation, for the same offense. This very se

ework Decision 2008/909/JHA of the Council from 27 Novem

llows the executing M ember State the re

-in

dividualization of t

eing that the penalty imposed is compatible with the inte

lementation of European legislative act depositions, any mem

rder, based on a legal decision ordered by a competent judici

egarding its maximum limit. The examination of the Europe

hat must be corrected, tak

ing into account the possibility f

y the applied punishment, as regards both its nature and its pro

erty

; re-individualization; European legislative act

rning the recognition of judgments imposing cu

n of liberty to execute them in another EU cou

uncil

Framework Decision of 27 November 2008

ents in criminal matters imposing custodial sen

y for the purpose of their enforcement in the Europe

legislative act provides a penalty of imprisonment

who has been sent to a court for recognition and enf

t in the State of enforcement is to increase

the

sons (Rusu, 2011, p. 561).

a state of condemnation than is to increase th

rsons. In this respect, the judicial authorities o

f th

2011

an Union

danubius.ro

vation of liberty by

een Member States

ularly regardin g the

, require a different

eprivation of liberty

sensitive issue was

vember 2008, where

of the deprivation o f

internal law of the

ember St ate which

icial body may still

pean legislative act

y for the executing

roportion applied in

custodial sentences or

ountry (other than the

08 on the principle of

sentences or measures

pean Union.

ent in the state than the

nforcement.

the chances of social

the chances of social

the State condemning