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1 EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE Directorate B : Criminal Justice Unit B.1 : Judicial cooperation in criminal matters Implementation Workshop on Council Framework Decision 2006/783/JHA 6 October 2006 on the application of the principle of mutual recognition to confiscation orders and Council Framework Decision 2008/909/JHA of 27 October 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 Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, September and 1 October 2010 Italian Ministry of Justice Via Arenula Roma 1
2 AGENDA Wednesday 29 September 2010 Council Framework Decision 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders :30 9:50 09:50 10:10 Welcome speech by Mr Italo Ormanni, Capo del Dipartimento degli Affari di Giustizia (DAG) Decision by Mr Mauro Miranda and Mr Thomas Ljungquist, Criminal justice unit, DG Justice, European Commission 10:10 10:40 The Dutch experience with the implementation of the Framework Decision by Ms Marieke Meinderts, Ministry of Justice, NL 10:40 11:10 All delegations: State of play of implementation 11:10 11:20 Coffee break 11:30 12:10 State of play (continued) 12:10 13:15 Discussion 13:15 14:45 Lunch Objective of the FD Article 1 Definitions Article 2 Determination of competent authorities, transmission recognition and execution of confiscation orders - Articles :45 16:00 Discussion (continued): Offences Article 6 16:00-16:15 Coffee break Reasons for non-recognition or non-execution Article 8 Legal remedies Articles 9 Amnesty, pardon and review Article 13 16:15-17:15 Discussion (continued): Consequences of transmission of confiscation orders Article 14 2
3 Disposal of confiscated property Article 16 Law governing execution Article 12 Any other issues 17:15-17:30 Final remarks and closing of meeting Thursday 30 September 2010 Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions 09:00-09:30 09:30-10:00 Decision by Mr Mauro Miranda and Mr Thomas Ljungquist, Unit for judicial cooperation in criminal matters, DG Justice, European Commission 10:00 11:15 State of play of the implementation of the Framework Decision: by all MS 11:15 11:30 Coffee break 11:30 13:00 Presentation by independent experts: Neil Paterson and Marije Knapen 13:00 14:30 Lunch 14:30 16:00 Discussion: 1) Statistics 2) Fundamental rights 3) Social rehabilitation 16:00-16:15 Coffee break 4) Protection of victims and the general public 5) Judgments and probation decisions 16:15-17:15 Discussion (continued): 3
4 6) Applicable law 7) Reimbursement 8) Any other issues 17:15-17:30 Final remarks and closing of meeting 1 October 2010 Council Framework Decision 2008/909/JHA of 27 October 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 09:00 09:30 09:30 09:50 Decision by Mr Thomas Ljungquist and Mr Mauro Miranda, Criminal justice unit, DG Justice, European Commission 9:50 11:00 State of play of the implementation of the Framework Decision: by all MS 11:00 11:20 Coffee break 11:20 12:45 Presentation by independent experts: Neil Paterson, Marije Knapen and Jozef Rammelt 12:15 13:00 Discussion 1) Statistics 13:00-14:30 Lunch 2) Fundamental rights 3) Social rehabilitation 14:30-16:30 Discussion (continued): 4) Sentence equivalence 5) Electronic monitoring 6) Any other issues 16:30-16:45 Final remarks and closing of meeting 4
5 5
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