APPLICATION OF THE FRAMEWORK DECISIONS IN MEMBER STATES
Bulgaria wrote that the reason why there
was no data on PAS was because there was
no case to begin with, including no case
involving persons with intellectual and/or
psychosocial disabilities.458 Slovenia also
indicated it could not find any case involving
persons with intellectual and/or psychosocial
disabilities.459
The second issue found in respect of data
concerns the absence of disaggregated
data, which corresponds to the separation
of compiled information into smaller units
in order to elucidate underlying trends and
patterns. A Portuguese participant evoked
the difficulty to navigate cases without a
functioning database offering research tools
or filtering for research. Such possibility is
paramount in order to better monitor the
way in which persons with intellectual and/
or psychosocial disabilities are involved in
such proceedings.
Regarding the EAW FD, and in the case
where databases are available at all, there
is usually no disaggregated data, as was
pointed out by Lithuania.460 This makes
research on persons with intellectual and/
or psychosocial disabilities particularly difficult to find, as contrary to the three other
framework decisions, EAW cases are more
numerous. This would virtually mean that
interested parties would have to go through
hundreds of cases in order to find the ones
involving such individuals.
Concerning the TP FD, in states where data
was gathered and available, the absence of
disaggregation was also observed. Otherwise, there was merely a lack of cases
involving persons with intellectual and/or
psychosocial disabilities where transfer of
prisoners was refused on fundamental rights
grounds, as was pointed out by Slovenia. 461
Concerning the ESO FD, it was also found
that when data was available, there was no
disaggregated data on persons with intellectual and/or psychosocial disabilities. This
shortcoming was pointed out by Bulgaria,462
Slovenia463 and Austria.464 The latter stated it
was due to a lack of a unified process of the
courts on the application of these measures.
106
Finally, it can be that disaggregated data
is available, and reveals no violation of
fundamental rights regarding persons with
intellectual and/or psychosocial disabilities.
Lithuania stated that several rulings have
mentioned the possibility to postpone an
EAW transfer in case of such violations, but
this was never applied.465
5.3 LACK OF AWARENESS
5.3.1 LACK OF AWARENESS OF
THE FRAMEWORK DECISIONS
Another obstacle found in the context of this
research was the general lack of knowledge
on the four FDs and their application.
Concerning the EAW FD, it was reported
during the regional consultation workshop
that there is a general lack of knowledge
about the FDs other than the EAW FD.
However, each proceeding differs from another: for instance, whether to use it at the
pre-trial or post-trial stage, or which authority is involved. Also, it must be noted that
not all FD proceedings include international
transfers as a main tool. The EAW and TP
FDs mainly focus on such transits whereas
the ESO FD includes a transfer only when
the individual has breached their obligation
to report to the competent authorities, and
the PAS FD does not contain any provision
about a transfer whatsoever. It was added
during the regional consultation workshop
that the lack of awareness and knowledge
about the ESO and TP FDs on the matter
of transfers led to an overuse of the EAW
FD, even when it was not the most adapted
cross-border procedure. Germany reported,
on this specific issue, a case where the
EAW FD was used to transfer an individual,
which was subsequently turned into a TP
FD because it was viewed as more suitable
for the person concerned.466
Concerning the ESO FD, Austria reported that it was applied in a very limited
manner. Researchers also explained such
perception by identifying a general lack
of knowledge and/or awareness of the
ESO FD’s existence and purpose.467
In Slovenia, the research could not identify
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