OVERVIEW ON EU CROSSBORDER PROCEEDINGS AND FUNDAMENTAL RIGHTS Together with the PAS FD, it was adopted to mitigate the risks created by the EAW and diversify alternatives available. Both instruments were welcomed at the time of adoption as offering a solution to the problem of overreliance on the EAW, as well as the fundamental rights consequences linked to this overreliance. example, Austria notified that it is prepared to monitor the obligation to undergo treatment for addiction or other medical treatment, but only if the person consents to the measure.339 Similarly, the notifications of Portugal refer to “Treatment, with prior consent, for an addiction which contributed to the commission of the offence, in an appropriate institution.”340 When it comes to fundamental rights, the ESO FD includes the common recital as well as the common article (see Section 3.1.1). Although lower, considering that the PAS FD applies only to non-custodial measures, fundamental rights risks may arise and should be assessed. This could be, for example, in the case where the person concerned is subjected to a measure of medical/therapeutic treatment that is not compatible with international standards (eg., certain non-consensual practices). Other countries do not seem to have notified at all or have notified that they will not monitor the obligation to undergo therapeutic treatment or treatment for addiction. These include: Bulgaria, Italy, Lithuania, Cyprus, Czech Republic, Estonia, Greece, Hungary, Ireland, Latvia, Luxembourg, Netherlands, Poland, Slovakia and Sweden.341 3.3.2 ESO AND PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES The ESO does contain certain provisions relevant for defendants with intellectual and/ or psychosocial disabilities. While in principle, all supervision measures indicated under Art 8(1) could be applied also to defendants with intellectual and/or psychosocial disabilities, a certain measure is explicitly targeting this group. Article 8(2) contains a separate list of measures setting out that the supervision measures can apply, only if the State has been notified. Among such measures, subsection (d) includes “an obligation to undergo therapeutic treatment or treatment for addiction.” The following countries have agreed to supervise the obligation to undergo therapeutic treatment or treatment for addiction: Slovenia, Belgium, Denmark, Spain, France, Austria, Germany, Portugal, Croatia and Romania.337 In certain cases, the notifications issued by Member States to inform the EC on their transposition laws when implementing directives and framework decisions338 seem to also set up a number of conditions. For 88 However, the ESO FD does not provide specific procedural accommodation for persons with intellectual and/or psychosocial disabilities. For example, most EU Directives and Recommendations are not applicable in the post-trial stage. This may be problematic, for example, in respect of the provisions on consent. The ESO FD therefore includes fundamental rights guarantees both in its recital and in the common provision on Art 6 TEU. It also includes relevant parts applicable to persons with intellectual and/or psychosocial disabilities in cross-border proceedings vis-à-vis the obligation to undergo medical treatment as a supervision measure. This measure is, however, limited as it necessitates the agreement of the executing state in order to be applied. Just like in the context of the EAW and the TP FD, the ESO FD does not contain any provision specifically targeting persons with intellectual and/or psychosocial disabilities.