Poland under fire for blocking prisoner transfer proposal

Poland is trying to assure the rest of the EU that a consensus can be reached on a proposal to transfer prisoners, despite having vetoed the plan in the Council of Ministers this week.

Both the European Commission and Finland, the current holder of the EU’s rotating presidency, criticised Poland for yet again blocking a proposal, following its recent opposition to EU-Russian treaty talks.

"Consultations will take place next week and hopefully this is not the end of the process," said one Polish diplomat. Poland blocked the proposal as it fears it would result in prisoners being sent back to Poland while not taking into account their opposition to being transferred or their family’s location. The cost implications are also thought to be a reason for the opposition.

The proposal is meant to help the rehabilitation of prisoners by sending them back home to serve out their sentences once they have been convicted. The prisoner’s opinion is taken into account when the transfers are considered but does not act as a veto. The state which convicted the prisoner would ultimately decide if a prisoner should be sent home or not.

Franco Frattini, European commissioner for justice, freedom and security, used the issue to highlight problems with decision-making on justice matters.

"We can no longer tolerate a situation where one country of 25 opposes a decision," he said, pleading for ministers to adopt the so-called passerelle clause, which would see states lift their vetoes on certain justice matters. But heads of state meeting next week (14-15 December) are expected to mention the clause only in passing as 13 states, including Germany, the UK and Ireland, are opposed to it.

Poland is trying to assure the rest of the EU that a consensus can be reached on a proposal to transfer prisoners, despite having vetoed the plan in the Council of Ministers this week.

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