Criminal records information in the context of an EU policy on reoffending
A coherent and full-fledged EU-recidivism policy ensures that foreign criminal records information is not
only properly collected and made available for counterparts in other EU Member States, but is also effectively used in the context of prevention, investigation and repression of crime. The analysis underlying this contribution has demonstrated that both the policy line with respect to the information exchange mechanism as well as the policy line with respect to the use of foreign criminal records information has significant flaws. The limitations in scope are the main setback of the information exchange mechanism. Third country nationals and legal persons are not included in the EUs criminal records policy. In absence of a regulation with respect to EU level disqualifications, the EU prevention policy does not effectively use criminal records information. The efficiency of criminal investigations could be improved if criminal records information would be made available using a wide variety of variables as opposed to only the nationality of the person involved. The EU repression policy does require the taking into account of foreign prior convictions in the course of a new criminal proceeding but fails to ensure that information on those prior convictions is sufficiently detailed for the application of criminal law provisions. Therefore, there is significant room to improve the EUs recidivism policy.