The Probation Service in the Context of European Integration. The Supervision of Convicts in the Community. Critical Observations
The Probation Service in the Context of European Integration. The Supervision of Convicts in the Community. Critical Observations

Summary/Abstract: The purpose of the appliance of non-custodial penalties, completed by the necessity of respecting the measures of surveillance and/or certain obligations imposed by the court, is to ensure the re-socialization and reintegration into the community to which they belong. In this context, at the European Union’s level it was adopted 2008/947/JHA Framework Decision of the Council on 27 November 2008 regarding the appliance of mutual recognition principle in the case of judgments and probation decisions for supervising the probation measures and alternative sanctions. The most important criterion under which judicial decision can be transmitted to another Member State is referring to the convicted person residency, considering that adopting such a measure the chances of social reintegration of the sentenced person will increase, allowing them to preserve the family, linguistic, cultural links. The probation service has a critical role for community supervision of the measures and obligations imposed by the Romanian court to the sentenced person. This institution has a number of specific tasks even when the Romanian court sends the legal judgment accompanied by the certificate in another Member State, seeking its recognition and enforcement. These responsibilities relate in particular to the cooperation activity that needs to be carried out with similar authority of the executing Member State, since it can always intervene the possibility of restoring the competence of executing the decision of the Romanian court. The critical observations relate to the legislative act both European and our internal law.

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