Assessment of social rehabilitation as the main purpose of Framework Decision 2008

ENAlmost 10 years have passed since the date for the implementation of the Council Framework Decision 2008/909/JHA of 27 November 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 (Council Framework Decision 2008/909/JHA, 2008 (hereinafter, Framework Decision on the transfer of prisoners)). During this period of time, a significant number of sentenced persons were transferred back to the European Union (hereinafter, the EU) country of which they are nationals and where they normally live to serve the sentence with a view to enhancing their social rehabilitation. As a result, it is appropriate to evaluate issues related to the Framework Decision on the transfer of prisoners functioning and to discuss the challenges ahead. This paper is focused on the assessment of social rehabilitation as the main purpose of the Framework Decision on the transfer of prisoners. Special attention is given to the relevant jurisprudence of the Court of Justice of the EU (hereinafter, the CJEU), Lithuanian legislation and jurisprudence regarding the mentioned subject. [...] Keywords: social rehabilitation, transfer of prisoners, enforcement of a sentence.