265 Andreea Marica Measures and regulatory changes within the European Union... Exchange of information on criminal records One of the main objectives of the EU is that of affording its citizens a high level of security within the Area of Freedom, Security and Justice and, in order to guarantee this, the exchange of information on criminal records proves vital to combatting cross-border crime and terrorism, thereby contributing to the implementation of the principle of mutual recognition of sentences and judicial decisions within this area.133 In this respect, Council Framework Decision 2008/675/JHA establishes that judicial authorities in Member States must account for the prior convictions of a person for various different offences in other Member States over the course of criminal proceedings, irrespective of the nationality of the person in question. Since this is highly sensitive information, the exchange of information between Member States’ Criminal Records Registers guarantees a high level of data protection by means of the implementation of Council Framework Decision 2008/977/JHA of 27 November 2008, relating to the protection of personal data processed as part of police and judicial cooperation for criminal matters. The need to improve and intensify the exchange of information on criminal convictions featured prominently in the Declaration on Combatting Terrorism134, was reiterated in The Hague Programme135 and subsequently found reflection in the Action Plan for the implementation of The Hague Programme136 resulting in significant legislative progress. However, the shortcomings did not by then consist in the existence of a suitable legislative framework but instead, in practical terms, were due to the lack of a connected IT system of the Criminal Record Registers at European Union level using a European network.137 This gap was remedied in part with the launch in 2012 of the electronic system ECRIS138, the objective of which is permitting an effective exchange of information 133 Proposal for a Directive of the European Parliament and of the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA. Brussels, 19.1.2016 COM(2016) 7 final, p.5. 134 Declaration on Combatting Terrorism, Brussels, 29 March 2004. Doc. 7906/04. 135 Communication from the Commission to the European Parliament: The Hague Programme: Ten priorities for the next five years. The Partnership for European renewal in the field of Freedom, Security and Justice, Brussels, 10.5.2005 COM(2005) 184 final. 136 Council and Commission Action Plan implementing The Hague Programme on strengthening freedom, security and justice in the European Union (2005/C 198/01). 137 European Council, Brussels, 21 and 22 June 2007. Presidency Conclusions, Brussels, 20 June 2007. Doc. 11177/1/07 REV 1, para 30. 138 The current ECRIS system is based on Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States and on Council Decision 2009/316/JHA of 6 April 2009 on http://revista.ieee.es/index.php/ieee
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