Criminal justice: Commission decides to refer IRELAND to the European Court of Justice for failing to transpose EU rules concerning the rights of suspects and prisoners

Met dank overgenomen van Europese Commissie (EC) i, gepubliceerd op donderdag 3 december 2020.

The European Commission has decided today to refer Ireland to the European Court of Justice for failing to transpose EU rules regarding the rights of suspects and prisoners into Irish national law.

Ireland has failed to transpose two mutual recognition Framework Decisions:

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    The “Transfer of prisoners” Framework Decision (2008/909/JHA), which aims to facilitate the social rehabilitation of convicted EU citizens by allowing them to serve their sentence in their home country. Convicted prisoners incarcerated in a prison outside their home country, can be transferred back to their EU country of nationality, habitual residence or another EU country with which they have close ties.
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    The “European Supervision Order” Framework Decision (Decision 2009/829/JHA), which makes it possible for suspected persons awaiting trial in another EU country to return home to their EU country of residence until their trial begins. Their home country supervises them using non-custodial (outside prison) measures, for example, asking them to report to a police station every day. This avoids lengthy pre-trial detention abroad.

Ireland notified the Commission of draft laws aiming to transpose the Framework Decisions. However, a draft law cannot be considered a transposition measure. Ireland still has to adopt measures that would transpose the Framework Decisions into its national law and to notify them to the Commission.

Background

The Commission monitors the complete and correct transposition and implementation of EU law into national law. The deadlines for transposition of the Framework Decisions were 5 December 2011 and 1 December 2012 respectively. Ireland has failed to fulfil its obligations to transpose both Framework Decisions.

The Commission was in contact with the Irish authorities, inviting them to communicate the relevant national transposition measures regarding both Framework Decisions. Ireland has failed to notify the Commission of its transposition measures. As a result, letters of formal notice were sent to Ireland on 25 January 2019, and reasoned opinions on 26 July 2019.

The Commission is now referring the matter to the Court of Justice of the EU.

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