EU: Promoting judicial cooperation to support foreign individuals on probation Silvia Bernardo May 3, 2022

EU: Promoting judicial cooperation to support foreign individuals on probation

A new transnational initiative is taking steps to promote the implementation of the Framework Decision 2008/947 on the application of the principle of mutual recognition to judgments and probation decisions. The end goal is to deepen cooperation between judicial authorities across EU Member States and address the issues that are hindering the directive.

The Framework Decision (FD) 2008/947/JHA of 27 November 2008 has been developed by the Council of the European Union. This kind of legislative act focuses on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions between the Member States.

After a troublesome path to achieve the instrument’s transposition to national legislations, there are still many obstacles to the FD’s full implementation across the EU. Implementation levels fall short especially because judicial professionals have not adhered to the Framework Decision.

This was the reality that gave rise to the J-CAP initiative.

J-CAP is a transnational European project aimed at improving the execution of FD 2008/947 through an awareness-raising approach. To this end, the project will lay the groundwork for supporting judges, magistrates, and lawyers to adhere to the Framework Decision. The initiative is also developing practical materials to facilitate the execution of the 947’s instrument (e.g., a guidance booklet, a contextualised glossary, and updated software).

The project strives to increase the practitioners’ capacity to use the above-referred Framework Decision, and deepen their understanding of its goals and operational aspects. This includes awareness of other EU Member States’ systems and available measures.

Ultimately, J-CAP promotes the harmonisation between legal and judicial cultures concerning probation and alternative measures. This kind of cooperation will support the rehabilitation and respect for the rights of foreign individuals on probation. Hence, the project highlights the relevance of judicial cooperation instruments in this respect.

 

J-CAP - Judicial Cooperation

 

 

The J-CAP partners discussed these important goals and plans at its kick-off meeting on  May 3rd, 2022. This first meeting corresponds to a central starting point for the Consortium, marking not only the start of the project, but establishing the first official contact between the partners, and discussing the next steps, tasks, and foreseen deliverables for the 24-month project.

The event was organised by the project’s coordinator, the Institut de Formation Judiciaire (IGO-IFJ), and gathered all the partners involved in the project, namely Innovative Prison Systems (IPS), Agenfor International (AGF), European Strategies Consulting (ESC), National School for the Judiciary (ENM), Netherlands Helsinki Committee (NHC) and the University of Innsbruck (LFUI).

For further information about the project, please visit J-CAP’s page.