Spark, in collaboration with ICF, is proud to share the publication of a new Exploratory Study on the possible lisbonisation of ex‑third pillar acquis in the area of mutual recognition in criminal matters, conducted for the European Commission (DG JUST).
The study provides a comprehensive assessment of seven key Framework Decisions governing judicial cooperation in criminal matters that were adopted under the former third pillar and remain in force after the entry into force of the Treaty of Lisbon. These include instruments on the European Arrest Warrant, transfer of prisoners, probation and alternative sanctions, the European Supervision Order, previous convictions, conflicts of jurisdiction, and financial penalties.
Based on extensive legal analysis across all EU Member States, stakeholder consultations and case-law review, the study identifies recurring challenges affecting the effective application of these instruments, such as fragmented transposition, legal uncertainty and uneven use in practice. It also examines how evolving CJEU jurisprudence and broader policy developments shape their implementation.
Building on this assessment, the study explores the feasibility and potential added value of EU action, with a particular focus on the lisbonisation of ex‑third pillar instruments through possible legislative or non‑legislative measures (i.e., their possible replacement or revision through EU directives or regulations under the ordinary legislative procedure). Different policy options are analysed in light of legal constraints, fundamental rights considerations, mutual trust between Member States, and ongoing initiatives such as the digitalisation of justice.
Spark contributed to the comparative legal analysis, and the assessment of national transposition and implementation, drawing on our expertise in EU criminal law and judicial cooperation.
The final report is available here.