Framework Decision 2008/909/JHA in Context: Interplay with the European Arrest Warrant and (EU) Extradition Law

This Chapter analyses the relationship between Framework Decision 2008/909/JHA and other instruments allowing the transfer of sentenced persons in the EU and outside the EU. First, the Chapter focuses on the scope of application of Framework Decision 2008/909/JHA and Framework Decision 2002/584/JHA on the European Arrest Warrant in order to identify and to solve some coordination issues deriving from the overlap between these two acts. In this regard, an analysis of the Italian and Spanish transposing legislation and the case law of the Italian Supreme Court of Cassation is provided. Secondly, the Chapter provides an overview of a recently developed case law (Petruhhin, Peter Schotthöfer & Florian Steiner, Pisciotti) concerning the protection of fundamental rights belonging to persons that should be or have been transferred towards third countries. Then, it takes into consideration a very recent judgement (Raugevicius) where the Court held that where an extradition request has been made by a third country for the purpose of enforcing a custodial sentence, the requested Member State is required to ensure that an EU citizen permanently residing in its territory, receives the same treatment as that accorded to its own nationals in relation to extradition. Finally, it is highlighted the role that social rehabilitation played in leading to the solution of both the coordination issues regarding Framework Decision 2008/909/JHA and Framework Decision 2002/584/JHA and the problems related to the transfer of sentenced persons outside the European Union. In this regard, it is argued that social rehabilitation should be finally acknowledged as a general principle of European Union law.