The Transfer of Sentenced Persons Between European Countries and the Protection of the Right to Family Life: A Comment on Serce v Romania (Application no. 35049/08) (30 June 2015)

Jamil Ddamulira Mujuzi

doi:10.5771/2193-5505-2016-3-308

Contents
- Chapter Expand | CollapseAuthorsPage
- 229–230 Titelei/Inhaltsverzeichnis 229–230
- 231–233 Editorial Luigi Foffani Luigi Foffani 231–233
- 234–307 Articles 234–307
  - 234–264 Collateral Sanctions for Offenders and Ex-offenders – Contrasts between the United States of America and Nordic European Countries José Luis Díez-Ripollés José Luis Díez-Ripollés 234–264
  - 265–283 Much Ado About Something? The PIF Directive Proposal and its Impact on the Italian Legal System Giovanni F. Perilongo Giovanni F. Perilongo 265–283
  - 284–307 Potential Remedies for Violation of the Right to Counsel in Criminal Proceedings: Article 12 of the Directive 2013/48/EU (22 October2013) and its Output in National Legislation Anneli Soo Anneli Soo 284–307
- 308–329 Varia 308–329
  - 308–320 The Transfer of Sentenced Persons Between European Countries and the Protection of the Right to Family Life: A Comment on Serce v Romania (Application no. 35049/08) (30 June 2015) Jamil Ddamulira Mujuzi Jamil Ddamulira Mujuzi 308–320
  - 321–329 Case Note on Nemtsov v. Russia with Particular Focus on the Misuse of State Power: The European Court of Human Rights at a Crossroads Martin Eibach Martin Eibach 321–329
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EuCLR European Criminal Law Review , page 308 - 320

The Transfer of Sentenced Persons Between European Countries and the Protection of the Right to Family Life: A Comment on Serce v Romania (Application no. 35049/08) (30 June 2015)

Autoren

Jamil Ddamulira Mujuzi

DOI
- doi.org/10.5771/2193-5505-2016-3-308
- ISSN: 2191-7442
- ISSN online: 2193-5505
Abstract

One of the ways through which European countries cooperate in criminal matters is the transfer of sentenced persons from one country to serve their sentences in their countries of nationality. These transfers are governed by two instruments: Council 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; and the Convention on the Transfer of Sentenced Persons. In Serce v Romania (Application no. 35049/08) the European Court of Human Rights, the Court, dealt with the issue of whether Romania’s refusal to transfer the applicant, a Turkish national who was serving a prison sentence for murder, to serve his sentence in Turkey violated his right to family life. The Court held that Romania’s refusal to transfer the applicant did not violate his right to family life as neither the treaty between Romania and Turkey nor Romanian national law provided for the right to be transferred. The author argues, inter alia, that European countries should take seriously the right to family life in prisoner transfer issues.
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