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

AuthorIon Rusu
European Integration -
Sanctions of Dep
Danubius University
Abstract: The subsequent
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
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
highlights also some flaws that
Member States to fully modify th
the sentencing State.
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
-Individualizing the Criminal
eprivation of Liberty in the European
Ion Rusu
ity of Galati,
Faculty of Law, ionrusu@univ-
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
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
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
; re-individualization; European legislative act
rning the recognition of judgments imposing cu
n of liberty to execute them in another EU cou
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
sons (Rusu, 2011, p. 561).
a state of condemnation than is to increase th
rsons. In this respect, the judicial authorities o
f th
an Union
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
the chances of social
the chances of social
the State condemning

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