ABSTRACT
This chapter aims to provide a contribution to the limited literature on the implementation within the EU Member States of Council Framework Decision 2008/909/ JHA of 27 November 2008 on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. It focuses on the overall functioning of this criminal cooperation mechanism within Italy and on the role of the various parties involved in so-called active procedures, namely cases where a sentenced person is transferred from Italy to another country. The Framework Decision on the transfer of prisoners, approved after a lengthy negotiation and just before the entry into force of the Lisbon Treaty in December 2009, replaced – for European citizens – the 1983 Council of Europe Convention on the transfer of sentenced persons.
