L’esecuzione delle sanzioni sostitutive e delle misure alternative nell’Unione europea alla luce del d.lgs. 38/2016 di attuazione della decisione quadro 947/2008. Criteri ermeneutici, istituti applicabili e prospettive di riforma

This Paper delves into the provisions of Framework Decision 2008/947/JHA and its subsequent transposition into Italian law through Legislative Decree 15.2.2016 no. 38. The EU instrument and the transposing delegated decree constitute an important step forward in the field of judicial cooperation in criminal matters. Indeed, this is the only body of EU law aimed at allowing mutual recognition of alternative sanctions and probation measures. The relative novelty represented by the EU legislation, and by the Italian transposing norms, raises the question as to the exact identification of provisions of sentencing law likely to fall within the scope of application of the Framework Decision. Such a question is even more pressing in the aftermath of the entry into force of the so-called Cartabia reform and is accompanied by an ever-increasing interest shown in European and national case-law on the Framework Decision and its potential application. As a result, there is a need for further academic study. In such context, this Paper also reflects on the appropriateness of changes to the existing legislation both at the European and domestic level.