European probation order: What doesn't work? Recommendations to overcome its underuse.

The article focuses on the European Probation Order (EPO), established by Council Framework Decision 2008/947/JHA, which enables EU citizens sentenced to probation or alternative sanctions in one Member State to serve these measures in their home country under local judicial supervision. Despite its potential to reduce the overrepresentation of foreigners in prison by facilitating social reintegration, the EPO remains underused due to obstacles such as lack of knowledge among authorities and legal practitioners, differences in national probation systems, terminological ambiguities, and procedural complexities. The article identifies macro- and microlevel challenges—including limited mutual trust, divergent legal definitions, and bureaucratic burdens—and recommends enhanced training, improved mutual understanding of probation measures across Member States, better communication channels among competent authorities, and international monitoring to promote the EPO’s effective implementation. These measures aim to strengthen mutual recognition in criminal justice and increase the use of community sanctions for EU nationals sentenced abroad.