Nowy model przekazywania skazanych między państwami Unii Europejskiej? Uwagi na tle zakresu ratione personae instytucji

Abstract

Framework decision 2008/909/JHA of 27 November 2008, on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences, or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, made signifi cant changes in the European system for the transfer of prisoners. The main aim of this article is to compare the scope of the system of transfer of prisoners under the Strasbourg convention of 1983 with that of the new framework decision. This new instrument broadens the possibility of transfer of prisoners without their consent. What gives rise to serious concerns, is whether the humanitarian background of this institution is still adequate.