Underuse of Framework Decision 2008/947/JHA in the Spanish legal system: The case of conditional release. A forthcoming change in trend!

Abstract

The enactment of Framework Decision 2008/947/JHA encounters numerous impediments, with Spain representing a particularly instructive case. Although transposed into Spanish legislation in December 2014, the utilisation of this instrument remains notably infrequent. This scarcity in application is, in part, due to its omission in cases of conditional release, where there is a marked preference for pre-transposition statutes in affording such benefits to EU citizens. Nonetheless, insights from the annual meeting of Penitentiary Surveillance Prosecutors herald a pivot towards a mandatory engagement with Framework Decision 2008/947/JHA. This anticipated shift portends a broader adoption of this legal mechanism in the coming years, especially concerning conditional release. This paper delves into the challenges inherent in implementing Framework Decision 2008/947/JHA, with a particular focus on the Spanish jurisdiction. Following a thorough examination of relevant data and scholarly discourse, this study proposes a suite of recommendations aimed at enhancing the utility of this legal tool.