NATIONAL TRANSPOSITION OF THE FRAMEWORK DECISIONS
4.3.4 RECOMMENDATIONS
Ensure the informed consent
of the concerned individual:
Adapt EU standards and jurisprudence
to the concerned individuals’ needs:
• Establish formal procedures to ensure the
free and informed consent of suspected
or sentenced persons at the national level,
in particular in the context of consent for
medical treatment in cross-border proceedings and in the context of in absentia
hearings. The concerned individual must
understand the proceedings they are
currently in as well as the consequences
of their given consent.
• Implement the 2013 Recommendation
by all Member States and create specific
guidelines in order to better adapt such
cross-border proceedings to persons with
intellectual and/or psychosocial disabilities, with a focus on consent.
• Ensure interpretation and translation in
EU languages when necessary, in particular during hearings and when seeking
medical treatment, to ensure the person
concerned understands the proceedings.
• Ensure that persons with intellectual and/
or psychosocial disabilities in criminal
proceedings are involved in the process
from the beginning to the end and that
decisions are not taken without them.
Ensure a safe transfer:
• Ensure prompt assessment of the suitability of a person to be subjected to transfer,
taking into account particular needs and
circumstances, notably the looking to the
country where they have the strongest
social ties or medical accommodation
during the transfer.
• Ensure accommodations of support
(e.g., company of a person of trust or
with medical assistance) throughout the
transfer to avoid possible deteriorations
of the situation of the person concerned.
• Ensure continuity of care in case of
transfer (including by providing necessary documentation of services/therapy
received). Information transmitted needs
to be translated or directly written in the
language of the executing state.
102
• Ensure that focus in cross-border cases is
on the assessment of the individual’s state
and risks of fundamental rights violations
rather than the enforcement of the principle of mutual trust and mutual recognition
among Member States. Organise strategic
litigation to change the CJEU jurisprudence and remove the first step of the
two step approach as established in the
Aranyosi and Căldăraru decision (systemic
or generalised deficiencies or deficiencies
affecting an objectively identifiable group
of persons to which the requested person
belongs).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents