Framework decision 2009/829 - Application, between Member States of the EU, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention - Main contents
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official title
Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention| Legal instrument | Framework decision |
|---|---|
| Number legal act | Framework decision 2009/829 |
| Original proposal | COM(2006)468  |
| CELEX number i | 32009F0829 |
| Document | 23-10-2009 |
|---|---|
| Publication in Official Journal | 11-11-2009; OJ L 294, 11.11.2009,Special edition in Croatian: Chapter 19 Volume 006 |
| Effect | 01-12-2009; Entry into force Date pub. + 20 See Art 29 |
| End of validity | 31-12-9999 |
| Transposition | 01-12-2012; At the latest |
11.11.2009 |
EN |
Official Journal of the European Union |
L 294/20 |
COUNCIL FRAMEWORK DECISION 2009/829/JHA
of 23 October 2009
on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(1)(a) and (c) and Article 34(2)(b) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice. |
(2) |
According to the Conclusions of the European Council meeting in Tampere on 15 and 16 October 1999, and in particular point 36 thereof, the principle of mutual recognition should apply to pre-trial orders. The programme of measures to implement the principle of mutual recognition in criminal matters addresses mutual recognition of supervision measures in its measure 10. |
(3) |
The measures provided for in this Framework Decision should aim at enhancing the protection of the general public through enabling a person resident in one Member State, but subject to criminal proceedings in a second Member State, to be supervised by the authorities in the State in which he or she is resident whilst awaiting trial. As a consequence, the present Framework Decision has as its objective the monitoring of a defendants’ movements in the light of the overriding objective of protecting the general public and the risk posed to the public by the existing regime, which provides only two alternatives: provisional detention or unsupervised movement. The measures will therefore give further effect to the right of law-abiding citizens to live in safety and security. |
(4) |
The measures provided for in this Framework Decision should also aim at enhancing the right to liberty and the presumption of innocence in the European Union and at ensuring cooperation between Member States when a person is subject to obligations or supervision pending a court decision. As a consequence, the present Framework Decision has as its objective the promotion, where appropriate, of the use of non-custodial measures as an alternative to provisional detention, even where, according to the law of the Member State concerned, a provisional detention could not be imposed ab initio. |
(5) |
As regards the detention of persons subject to criminal proceedings, there is a risk of different treatment between those who are resident in the trial state and those who are not: a non-resident risks being remanded in custody pending trial even where, in similar circumstances, a resident would not. In a common European area of justice without internal borders, it is necessary to take action to ensure that a person subject to criminal proceedings who is not resident in the trial state is not treated any differently from a person subject to criminal proceedings who is so resident. |
(6) |
The certificate, which should be forwarded together with the decision on supervision measures to the competent authority of the executing State, should specify the address where the person concerned will stay in the executing State, as well as any other relevant information which might facilitate the monitoring of the supervision measures in the executing State. |
(7) |
The competent authority in the executing State should inform the competent authority in the issuing State of the maximum length of time, if any, during which the supervision measures could be monitored in the executing State. In Member States in which the supervision measures have to be periodically renewed, this maximum length of time has to be... |
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