Preface to the special edition on the application of the principle of mutual trust in matters of prison and probation
| Published date | 30 April 2024 |
| DOI | http://doi.org/10.1177/20662203241247662 |
| Author | Luisa Ravagnani |
| Date | 30 April 2024 |
| Subject Matter | Preface |
Preface
European Journal of Probation
2024, Vol. 16(1) 1–2
© The Author(s) 2024
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DOI: 10.1177/20662203241247662
journals.sagepub.com/home/ejp
Preface to the special edition on
the application of the principle
of mutual trust in matters of
prison and probation
Within the contemporary milieu, marked by the transnational flux of individuals, judicial
frameworks, notably those pertaining to sentence enforcement, must hone their col-
laborative modalities, prioritizing the constructive reintegration of offenders into their
respective communities—whether it be the state of their residence or origin.
The instruments provided by the European Union, particularly through the Framework
Decisions 2009/829/JHA, 2008/947/JHA, and 2008/909/JHA, have long represented
pivotal avenues to advance this goal, notwithstanding persisting hindrances and com-
plexities in actualizing their stipulations.
The European Journal of Probation’s current special issue is devoted to a nuanced
dissection of mutual trust instruments’application within several European jurisdictions.
It aims to illuminate the spectrum of efficacious practices and persistent challenges.
Concomitant attention is allocated to the potential prejudicial conditions faced by non-
nationals who, amid their sentence execution, qualify for alternative measures, cognizant
of the reality that a segment of this demographic are prospective beneficiaries of the
measures outlined by the aforesaid framework decisions.
The distinct nature of this discourse, summoning fundamentally technical queries that
elicit diverse responses across the European Union’s mosaic, has warranted the adoption
of a hybridized methodology: one that is both pragmatic and scholarly. Hence, the
contributions herein encapsulate perspectives from the judiciary and probation author-
ities, intertwined with explorations adopting a scholastic lens.
Transcending individual interpretations is the unequivocal recognition of multiple
critical issues awaiting redress, both within national confines—demanding introspective
evaluation—and at a continental scale, to fortify unified methodologies, thereby en-
hancing the utility of these instruments.
A concerted dedication is channelled towards the meticulous enactment of European
framework decisions, markedly differentiated from other state-centric expulsion actions,
inasmuch as the Framework Decisions uniquely prescribe rehabilitative intentions.
Yet, such endeavours may be compromised ab initio if the prerogative of states to
repatriate individuals against their volition is considered. Given that the genesis of
desistance lies in the volitional engagement with the resocialization trajectory, com-
pulsory transfers seemingly subvert the foundational goal.
If, after nearly a decade and a half post the enactment of these framework decisions,
tangible impediments and inherent limitations still besiege their execution, questioning
their efficacy, it is paramount to acknowledge their insufficiency in addressing the
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