In 2014, the European Parliament requested that the European Commission reopen the EAW to
address fundamental rights issues. The EC considered that it would not be wise to reopen this instrument at this particular time but instead work to implement the other Framework Decisions on
detention which could address the fundamental rights concerns directly.
The EC supported training programmes on the practical application of the Framework Decisions on
detention, in particular the FD ESO and FD PAS targeted at judges, practitioners, NPMs and other relevant bodies including Ministries, will ensure a more cohesive application of EU law across Europe.
It would also serve to strengthen mutual trust and the fundamental rights consistent approach to
mutual recognition instruments. Furthermore, as highlighted during interviews, one of the difficulties identified during the practical application of FD ESO relates to the lack of procedural guidance.
In this regard, we would recommend handbooks on the practical application of the FD ESO but also
FD PAS that should be widely disseminated to Member States, as well as judicial schools, and all relevant stakeholders, including probation services. These handbooks should be available also online,
with details of EU Member States contact points.
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