ARTICLE
17 February 2016

An Update Of The European Criminal Records Information System

SP
Soteris Pittas & Co LLC

Contributor

Soteris Pittas & Co LLC logo
SOTERIS PITTAS & CO LLC is a boutique law firm, in size only, focusing on the areas of law related to business activity and dedicated to providing its clients with outstanding, highly personalized, legal representation
An efficient exchange of information on criminal convictions referred to as the European Criminal Records Information System has been introduced between Member States in order to help improve the security of citizens...
European Union Criminal Law

An efficient exchange of information on criminal convictions referred to as the European Criminal Records Information System has been introduced between Member States in order to help improve the security of citizens within the European Area of Freedom, Security and Justice. The national courts when passing sentences refer to the past convictions in their national register and fail to have any knowledge of possible convictions of the particular defendant in other Member States. This particularly benefited the defendants as they could easily escape their past convictions by moving between EU Member States. As a result in 2009 Members of the European Union took a decision to introduce a system of exchanging information on criminal records with one another. 

Furthermore, in order to improve the system to facilitate the exchange of criminal records of non-EU citizens in the EU, on the 19th of January 2016 the European Commission proposed to upgrade the European Criminal Records Information System. This proposal was the outcome of problems that existed in the current system which was rather time consuming since a Member State desiring to carry out a background check on a non-EU citizen had to send individual requests to all the concerned Member States in order to obtain a complete overview of the person's criminal history.

As a result, as part of the European Agenda on Security, the Commission is taking steps to adapt to new and evolving threats by ensuring that the criminal convictions of third country nationals convicted in the EU can be easily accessed in the European Criminal Records Information System. This potential new improvement in the system would certainly ensure better security for all citizens throughout the EU, boost and improve the judicial cooperation but also cut costs and improve efficiency as a whole. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More