Commission v Ireland (Transposition de la décision-cadre 2008/909)

On 24 March 2022, the Second Chamber of the General Court of the European Union rendered a decision in the context of the transposition of Framework decision 2008/909/JHA regarding the application of mutual recognition to judgement in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union.

The European Commission brought an action for failure to fulfil obligations under Article 258 TFEU before the Court, after having considered that Ireland had not adopted the measures necessary to transpose Framework decision 2008/909 or, in any event, notified such measures. Ireland did not contest such failure to comply. In its defence, Ireland contended that the Commission’s action should be dismissed as premature, as it has already in place legislation providing for the transfer of sentenced persons between Member States adopted on the basis of the Council of Europe Convention, which shares the same ‘spirit’ as the above-mentioned Framework Decision.

The Court held that even if Member States already have legislation regulating the transfer of sentenced persons between Member States, this is not enough to consider that Member States have transposed the said Framework Decision. Hence the Court ruled that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Framework decision 2008/909/JHA and by failing to notify the text of such provisions to the European Commission, Ireland has failed to fulfil its obligations under Article 29(1) and (2) of that Framework Decision.