Council of the European Union 24 February 2005, Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties

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Council Framework Decision 2005/214/JHA establishes a mutual recognition regime for financial penalties imposed by judicial or administrative authorities in one EU Member State, requiring competent authorities in the executing State to recognise and enforce such decisions without further formality, subject to a defined set of grounds for non-recognition. Key provisions govern the transmission of decisions via a standardised certificate, the scope of qualifying offences (including a list of 39 categories exempt from double criminality verification), the determination of amounts, alternative sanctions for non-recovery, and the allocation of enforcement proceeds to the executing State. Member States were required to implement the Framework Decision by 22 March 2007, with limited transitional opt-outs available for up to five years and a public-policy-based refusal mechanism where fundamental rights under Article 6 TEU are at issue.AI