Among the adopted normative acts we mention two that seem to be of paramount
importance for perfecting the cooperation activities of Member States and even the
European Union evolution, namely the Council Framework Decision
2008/909/JHA of 27 November 2008 on the principle of mutual recognition in the
case of court judgments in criminal matters imposing custodial sentences or
measures involving deprivation of liberty for the purpose of their enforcement in
the European Union
and Council Framework Decision 2008/947/JHA of 27
November 2008 on the principle of mutual recognition in the case of court
judgments and probation decisions for the supervision of probation measures and
Amid the formulation of critical comments, especially by the
European Court of Human Rights, the two European regulations were subsequently
amended and supplemented by the adoption of Council Framework Decision
2009/299/JAI of 26 February 2009.
This new modifying normative act makes a
number of additions regarding the possibility of case retrial in which the person
was not present at the trial where the person was condemned.
Given the stages of criminal proceedings and based on the conclusions of the
Tampere European Council of 15 and 16 October 1999, it was established that the
principle of mutual recognition should apply in the prosecution phase as well, i.e.
In applying this principle, a person who is resident in a Member State, but subject
to criminal proceedings in another Member State, must be supervised by competent
judicial authorities of the State in which he resides, until the starting of the trial.
The application of the mentioned principle must include strengthening the right to
liberty and the presumption of innocence in the European Union as a whole and
ensuring cooperation between Member States where a person is submitted to some
obligations or is subject to supervision until the trial and the adoption of a decision
by the competent court. In this way, it promotes the use of non-custodial measures
as an alternative to detention on remand, even if, in accordance with the laws of the
Member State concerned, it could not be imposed the ab initio to a detention on
Also, according to the wording of the preamble to the European legislative act,
regarding detention of persons subject to criminal proceedings, there is the risk of a
Published in the European Union Official Journal no. L 327/27 of 12.05.2008
Published in the European Union Official Journal no. L 337/122 of 12. 16.2008.
Published in the European Union Official Journal no. L 81/24 of 03.27.2009.