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Document 32005F0214
Mutual recognition of financial penalties, such as certain speeding fines
Mutual recognition of financial penalties, such as certain speeding fines
Facilitating the enforcement of financial penalties in cross-border cases, wherever in the EU they may have been imposed, helps to ensure equal treatment of EU citizens.
ACT
Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.
SUMMARY
WHAT DOES THE FRAMEWORK DECISION DO?
The framework decision introduces specific measures, under the principle of mutual recognition, allowing a judicial or administrative authority to transmit a financial penalty directly to an authority in another EU country and to have that fine recognised and executed without any further formality.
KEY POINTS
The framework decision applies to all offences in relation to which financial penalties can be imposed and dual criminality (i.e. when an offence exists under the law of both issuing and enforcing country) checks are abolished in relation to 39 listed offences, such as:
The penalties must be imposed by the judicial or administrative authority of an EU country and result from a final decision, i.e. there is no longer any possibility to appeal the decision.
When transmitting the decision imposing the financial penalty, the EU country imposing the penalty must transmit a certificate in the language of the EU country executing the decision.
The decision is transmitted to the competent authorities of the EU country where the natural or legal person (a company) has property or income, is normally resident or, in the case of a legal person, has its registered seat.
The EU country to which the decision is transmitted may refuse to execute it if the certificate is not produced, is incomplete or clearly does not correspond to the decision. They may also refuse to execute in a limited number of cases, including if:
The execution of the decision is governed by the law of the executing state. The executing state can also:
Amnesty, pardon and review of sentence can be granted by both the issuing state and the executing state.
For more information, see:
REFERENCES
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Framework Decision 2005/214/JHA |
22.3.2005 |
22.3.2007 |
Amending act(s) |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Framework Decision 2009/299/JHA |
28.3.2009 |
28.3.2011 |
last update 19.06.2015