Report from the Commission to the European Parliament and the Council on the implementation of Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from criminal records between Member States

In a European area of Freedom, Security and Justice, every effort must be made to ensure an effective European response to criminal activities, in particular serious cross-border crime and terrorism. The European Agenda on Security highlights the need to maximise EU measures on information exchange and operational cooperation.

The rapid and efficient exchange between competent Member State authorities of information extracted from criminal records is important if we are to avoid national courts passing sentences on the sole basis of past convictions registered in national criminal records, with no knowledge of convictions in other Member States, thus allowing criminals to escape their past by moving between Member States. Framework Decision 2008/675/JHA requires Member States to ensure that previous convictions are taken into account in the course of criminal procedures.

Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States (the ‘Framework Decision’) aims to address these shortcomings by stipulating that information on any EU citizen’s previous convictions by any criminal court in the EU is available to all Member State courts and law-enforcement authorities for criminal proceedings in the pre-trial and trial stages and the execution of the conviction.

By imposing a series of obligations on the convicting Member State and the Member State of nationality, the Framework Decision ensures that each Member State can provide exhaustive and complete information in relation to the criminal records of its nationals upon request by another Member State. The Framework Decision is based on the principle that each Member State stores all convictions against its nationals, including those handed down in other Member States.

The exchange of information is organised on a decentralised basis between the central authorities designated by the Member States, for the purpose of criminal proceedings or for other purposes in accordance with national law. It thus contributes to the implementation of the principle of mutual recognition of judgments in criminal matters and also allows national authorities to obtain criminal record information that may be of relevance for certain activities (e.g. employment in childcare).

See also:
- Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA

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