Let the judge decide on the enforcement of foreign sentences in the Netherlands

Who decides on the enforcement of a foreign sentence in the Netherlands: the minister or the judge? According to researchers at the University of Groningen and Leiden University, that responsibility lies with the judge.

This is stated in a new study commissioned by the Scientific Research and Data Centre (WODC)

Problems

Anyone convicted in another EU country who wishes to serve their sentence in the Netherlands is currently dependent on a decision by the Minister of Justice and Security. The researchers identify several problems with current practice.

In the Netherlands, the Minister receives a binding ruling from a judge on a limited number of matters. In the process of transferring sentences – the WETS recognition procedure – there are few opportunities for both sides to be heard. In cases of doubt regarding the application of European rules, the judge concerned cannot refer questions to the European Court of Justice. Furthermore, the sentence still to be served in the Netherlands can now differ considerably from that served abroad.

Conclusions

The researchers therefore recommend designating the judge as the competent decision-making authority, without any role for the Minister. In the judicial proceedings, the convicted person may be heard in writing or orally and is entitled to legal representation. Furthermore, this creates more scope for a careful assessment of the transfer of the sentence.

The research was prompted by the question of whether current Dutch procedures still comply with national and international rule-of-law requirements, such as the EU Charter of Fundamental Rights.

Full report

The full report is available from today on the WODC website. The study was carried out by Associate Professor of EU Criminal Law Pim Geelhoed, Professor by Special Appointment of International and European Criminal Law Vincent Glerum, researcher Hans Kijlstra (Faculty of Law, University of Groningen), Professor of European Criminal Law Jannemieke Ouwerkerk and Professor of Criminal Law and Criminal Procedure Marloes van Noorloos (Faculty of Law, Leiden University).