RT Article
T1 Transfer of probationers under EU law: Rehabilitation and the question of legitimacy in the Netherlands
JF European journal of probation
VO 16
IS 1
SP 3
OP 25
A1 Martufi, Adriano
A2 Noorloos, Marloes van 1983-
LA English
YR 2024
UL https://krimdok.uni-tuebingen.de/Record/1887961666
AB This article analyses the thorniest issues raised by the implementation in the Netherlands of Framework Decision 2008/947/JHA, often referred to as ‘European Probation Order’. It delves into Dutch law and practice regarding mutual recognition of probation measures and alternative sanctions and analyses how the Netherlands deals with principled questions with respect to the legitimacy of the transfer of probationers, both as a mechanism in itself and with respect to the ultimate goal of promoting social rehabilitation. The analysis focuses on (i) the basic tenets of the Dutch implementation (goals, competent authorities and application in Dutch legal practice); (ii) challenging issues regarding the types of probation measures and alternative sanctions eligible for recognition and the implementation of refusal grounds and (iii) how procedural rights and informed consent of the sentenced person are dealt with in relation to social rehabilitation.
K1 EU law
K1 Criminal law
K1 Netherlands
K1 transfer of alternative sanctions
K1 European probation order
K1 European Union
K1 Mutual recognition
DO 10.1177/20662203241244987