Mutual Trust under Pressure, the Transferring of Sentenced Persons in the EU
Subtitle: Transfer of Judgments of Conviction in the European Union and the Respect for Individual's Fundamental Rights
Publisher: Wolf Legal Publishers, W.L.P.
Published: 2018
Language: eng; dut
Number of pages: 461
ISBN-13: 9789462404991
Description: This book addresses the question of how, in the post-trial context, respect for fundamental rights affects mutual recognition and mutual trust in EU criminal law. It is the final outcome of research jointly funded by the European Commission and five major European Universities. Leading scholars focus on the Framework Decision on the European Arrest Warrant, Framework Decision 2008/909 on the Transfer of Prisoners and Framework Decision 2008/947 on judgments and probation decisions.00The study has applied a multidisciplinary approach (law and social sciences) for the identification of the problems affecting mutual trust and the implementation of mutual recognition. The book analyses to what extent not only the right guaranteed by Article 3 ECHR is protected, but also whether the principle of mutual trust and, consequently, mutual recognition can be affected by the rights to family life and the right to a fair trial. Concerning the latter right, special attention is paid to Directive 2012/13/EU on the right to information in criminal proceedings, Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and Directive 2010/64/EU on the right to interpretation and translation.