REPORTS
Incorrect application of Framework Decision 2009/315/JHA on the exchange of criminal record information: INFR(2021)2144
In the event that a Member State does not apply Union law and fails to fulfill any of the obligations laid down in the EU Treaties, the European Commission may initiate formal infringement proceedings under Articles 258 and 260 TFEU (details of infringement proceedings here).
2. Framework Decision 2009/315/JHA regulates issues concerning the organisation and content of the exchange of information extracted from the criminal record between Member States. Council Decision 2009/316/JHA then regulates matters relating to the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA. The ECRIS system allows criminal records to be electronically exchanged between authorities throughout the EU. It ensures that the information is exchanged between EU countries in a uniform, fast and compatible way. It also provides judges, prosecutors and other competent authorities with easy access to comprehensive information on the criminal history of persons concerned, including in which EU countries that person has previously been convicted. It thus prevents offenders from escaping their criminal past when moving from one EU Member State to another.
As mentioned in the “December infringement package: main decisions/2-12-2021”, the European Commission has initiated infringement proceedings against Greece, sending a letter of formal notice as they considered that these decisions have been incorrectly applied [infringement number: INFR (2021) 2144]. The Commission identified problems in Greece and 4 other Member States related to electronic interconnection and effective exchange of criminal records information via ECRIS, as well as notification of all new convictions and updates on the convictions to the Member State(s) of the offender’s nationality. The Commission also noted that they were concerned about the responses for requests for information on convictions: sometimes they were not given within deadlines, at other times no responses were given at all. For these reasons, the Commission considers that the framework for the exchange of criminal record information is being incorrectly applied by Greece, therefore infringing EU law.
The application of EU law is an obligation of the Member States of the European Union. If possible breaches of EU law are detected, the European Commission may take a series of actions against that Member State to ensure the correct and full application of EU law by initiating infringement proceedings in accordance with Articles 258 and 260 of the TFEU.
Furthermore, the European Union aims to provide citizens with a high level of protection within the area of freedom, security and justice. In order to achieve this goal, it is necessary for Member States to exchange information about criminal records in an effective manner. Framework Decision 2009/315/JHA and Council Decision 2009/316/JHA aim to achieve this.
In this case the European Commission initiated infringement proceedings, sending a letter of formal notice to Greece, as it considered that the country was incorrectly implementing the above decisions and infringing the law of the European Union.
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