EIRP Proceedings, Vol 6 (2011)

Abstract

The recognition and subsequently the execution of criminal penalties of deprivation of liberty by
another Member State, other than the one of the conviction, is an act of mutual trust between Member States
of the European Union. However, the differences between criminal legal norms, particularly regarding the
minimum and maximum limits of some punishment prescribed for the same offense, require a different
approach in the sense that a member can not recognize and then enforce a sentence of deprivation of liberty
with the maximum limits greater than its own legislation, for the same offense. This very sensitive issue was
resolved by adopting the Framework Decision 2008/909/JHA of the Council from 27 November 2008, where
the European legislative act allows the executing Member State the re-individualization of the deprivation of
liberty sentence, the goal being that the penalty imposed is compatible with the internal law of the
enforcement state. In the implementation of European legislative act depositions, any member State which
has recognized such a court order, based on a legal decision ordered by a competent judicial body may still
re-individualize the penalty regarding its maximum limit. The examination of the European legislative act
highlights also some flaws that must be corrected, taking into account the possibility for the executing
Member States to fully modify the applied punishment, as regards both its nature and its proportion applied in
the sentencing State.