Resumen de National Competence Rules in the Application of Framework Decision 2008/909/JHA. The Case of Spain
Framework Decision 2008/909/JHA leaves Member States free to designate the competent authorities for both the transmission and the execution of judicial decisions im- posing custodial measures. This freedom of designation, which is a consequence of the pro-cedural autonomy that informs EU law, leads to a wide variety of competence models among the Member States. This paper reflects on the limits to that state power of designation, basi-cally related to the principles of equivalence and effectiveness, and then offers an overview of the different competence models existing in the Member States. Thereafter, the Spanish competence provisions are analysed, in order to determine the extent to which the election of the Spanish legislator contributes to the effective application of this instrument or, converse-ly, is an obstacle to its effectiveness. For that purpose, an in-depth analysis of the gaps and interpretive difficulties of the Spanish regulation is carried out. The difficulties presented by the Spanish rules in determining the competent authorities are, in most cases, a consequence of the fragmentation and inconsistency of the legislation, which ignores the interrelation be-tween the different instruments of mutual recognition.
