Refusal to execute an EAW based on general fundamental rights grounds in 2021 (article 1.3 EAW FD) for MS covered in the project40 Austria Bulgaria Italy Germany Lithuania Slovenia 0 2 64 4 X 0 Findings from interviews and national roundtable discussions It seems that the stakeholders we consulted during our research have limited experiences in EAW and other cross-border proceedings – not only regarding defendants with psychosocial and/or intellectual disabilities but also in general. As one lawyer mentioned, lawyers that represent clients in EAW cases are most often appointed ex officio, which in practice means that a lawyer rarely gets to work on an EAW case. This lack of specialisation, not only of lawyers but also judges and prosecutors, could present an issue when it comes to the protection of rights of the requested persons in general. The interviewed prosecutor mentioned that prior to the person being brought to the investigating judge based on an EAW, the authorities only have access to information that is included in the EAW itself. If information regarding the person’s possible psychosocial and/or intellectual disability is missing, the prosecution is not aware of the person’s vulnerability. If the prosecution then makes a motion for ordering of the detention and the detention is ordered, the person will then receive the same treatment in the detention as any other detainee, including psychiatric examination upon admission to the detention facility (see below → 3.1.1.2 Deprivation of liberty of criminally responsible defendants with psychosocial and/or intellectual disabilities).41 The interviewed lawyer also commented that the EAW proceedings are extremely bureaucratic and that the use of the common EAW form is good as a check list but does not provide much contextual information.42 At the same time, the principle of mutual trust among Member States has an emphasised impact on the decision-making. As a result, the courts do not, for example, consider detention conditions or the respect for procedural rights (fair trial) ex officio but leave it to the defence to raise such concerns. 40 European Commission Statistics on the practical operation of the European arrest warrant 2021, SWD(2023) 262 final, pages 46 and 47 https://commission.europa.eu/system/files/202307/SWD_2023_262_1_EN_document_travail_service_part1_v2.pdf 41 Interview with a prosecutor. 42 Interview with a lawyer. 16