EU framework decision on the application of the principle of mutual recognition of financial penalties

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The EU Framework Decision on the application of the principle of mutual recognition of financial penalties ( Framework Decision 2005/214 / JHA ) controls in the countries of the European Union mutual recognition of final decisions on the payment of fines and fines by a natural or legal person . It is an administrative and legal assistance agreement .

Content and story

The ruling applies to serious criminal offenses (e.g. serious bodily harm, fraud, trafficking in stolen vehicles, property damage and theft) and administrative offenses ( administrative offenses ). It provides for a lower limit of 70 euros - including the procedural costs (below this, the implementation effort is likely to be too high). The application to fines and fines imposed for traffic violations is expressly mentioned in point 4 of the preamble (consideration of the following reasons) .

The resolution was passed on February 24, 2005 and entered into force on March 22, 2005. As a result, implementation has not yet taken place in all member states.

According to the agreement, sentences in the country in which the offender is committed can be enforced in the country in which the offender is domiciled . The country of the offense remains responsible, i.e. legal remedies such as an objection must also be taken in the offense.

implementation

The aim of the framework decision was for all member states to implement the necessary regulations into national law by March 22, 2007.

By the beginning of 2017, with the exception of Greece and Ireland, all EU member states had implemented the framework decision into national law.

Problems in the enforcement of foreign sentences

This article or the following section is not adequately provided with supporting documents ( e.g. individual evidence ). Information without sufficient evidence could be removed soon. Please help Wikipedia by researching the information and including good evidence.

In the crime scene country, the fine can also be enforced afterwards, possibly years later. This can be during re-entry or a traffic control.

A special case is, for example, the withdrawal of the driver's license , which then only applies in the home country - even if the ID was removed on site abroad. In the other countries you can still drive, but there is a penalty for not having your driving license with you.

National

Germany

The framework decision was implemented for Germany through amendments to the law on international mutual legal assistance in criminal matters with effect from October 28, 2010. However, the implementation is still controversial today; In particular, it is criticized that the high protection standards of the German criminal and administrative offense law can be circumvented in part by the EU framework decision. It allows the individual member states to punish crimes beyond their own national borders with fines and fines .

German authorities and courts do not generally help with the enforcement of foreign fines. Exceptions are countries with bilateral enforcement agreements. Germany had such agreements with Austria (1988), the Netherlands (1997) and Switzerland (1999). The agreement with Austria still applies.

Austria

Austria had already implemented the framework  decision in 2008 and passed the EU Administrative Penal Enforcement Act (EU-VStVG).

There has been a bilateral agreement with Germany since 1988 (in force since 1990), which provides for fines from € 25. One of the problems is the anonymous disposal , which is particularly pronounced against the vehicle owner in radar surveillance . Since this type of criminal prosecution (owner liability) is not permitted in Germany, front radar boxes - otherwise unnecessary - are gradually being installed in Austria , where more and more German drivers are on the road.

A police cooperation agreement has existed with Liechtenstein and Switzerland (both only associated with the EU) since 2012. It is expected to come into force in 2016 [obsolete] .

Legal sources

  1. ↑ Act to implement the framework decision 2005/214 / JHA of the Council of February 24, 2005 on the application of the principle of mutual recognition of fines ( Federal Law Gazette 2010 I p. 1408 ) (EuGeldG)
  2. ↑ a b Treaty between the Federal Republic of Germany and the Republic of Austria on administrative and legal assistance in administrative matters dated May 31, 1988 (PDF; 43 kB, on ropf.bayern.de)
  3. ↑ Federal Act on the Enforcement of Fines and Administrative Fines by Administrative Authorities within the European Union (EU Administrative Penal Enforcement Act - EU-VStVG). StF: Federal Law Gazette I No. 3/2008 (online, ris.bka) - in particular Annex 1 List of criminal offenses in which the mutual criminal liability is not checked.

literature

  • Holger Karitzky, Felicitas Wannek: The EU-wide enforcement of fines and fines. In: NJW . Volume 47, 2010, p. 3393.
  • Krumm, Lempp, Trautmann: The new monetary sanctions law (EuGeldG). Hand comment. 1st edition, Nomos, Baden-Baden, ISBN 978-3-8329-5697-4 .

Individual evidence

  1. ↑ a b c d e f g Traffic fines abroad: The framework decision of the Council of the EU. help.gv.at (as of January 1, 2016).
  2. ↑ a b notification , status 2008 (PDF; 95 kB)
  3. ↑ http://www.bmj.bund.de/enid/6b21dad8c817f588ac0f5dd9c3f7d06f,411d78706d635f6964092d0937333533093a0979656172092d0932303130093a096d6f6e7468092d093130093a095f7472636964092d0937333533/Pressestelle/Pressemitteilungen_58.html press release ( Memento of the original on 20 December 2010 at the Internet Archive ) Info: The archive link is automatically inserted and not yet tested. Please check the original and archive link according to the instructions and then remove this notice. of the BMJ of October 27, 2010 on the entry into force of the EuGeldG @1@ 2Template: Webachiv / IABot / www.bmj.bund.de
  4. ↑ See, for example, the discussion in the ZIS - Journal for International Criminal Law Doctrine; last discussion by Prof. Dr. jur. Schünemann in ZIS 12/2010, 735 with further references (PDF; 841 kB)
  5. ↑ European Justice Portal - Mutual Recognition of Fines and Fines. In: e-justice.europa.eu. January 22, 2019, accessed February 9, 2019 .
  6. ↑ Framework Decision 2005/214 / JHA of the Council of February 24, 2005 on the application of the principle of mutual recognition of financial penalties , accessed on February 9, 2019
  7. ↑ Rental cars abroad - what should you watch out for with fines / traffic tickets? | Rental car comparison. In: mietwagen-vergleich.in. July 30, 2014, accessed February 9, 2019 .
  8. ↑ Lutz D. Fischer: Notices of fines from other EU countries: YOU SHOULD KNOW THAT, Flotte.de, fleet management, vehicle fleet. In: flotte.de. June 2015, accessed February 9, 2019 .
  9. ↑ a b Is still valid despite the framework directive and the national implementation, see § 16 Relationship to other agreements and arrangements Ö-EU-VStVG .
  10. ^ Enforcement of fines from Austria in Germany. Special features compared to German law on fines. eurounfallanwalt.de, accessed January 14, 2016.
  11. ↑ If the radar flashes from the front. Front radar in action. ( Memento of the original from April 18, 2017 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. oeamtc.at (accessed January 14, 2016).  @1@ 2Template: Webachiv / IABot / www.oeamtc.at
  12. ↑ This also serves as proof of false information about the driver, telephoning at the wheel or not wearing a seat belt.