EXECUTIVE SUMMARY 10 Over the last two decades, the need for improved judicial cooperation between EU Member States has increased significantly. To this end, the European Commission has adopted several Framework Decisions, such as the European Arrest Warrant and the European Supervision Order, to facilitate judicial cooperation in criminal proceedings. The European Court of Justice emphasizes the importance of respecting fundamental rights in the application of these instruments, as they ensure trust between Member States and smooth cross border cooperation. In order to properly analyse cross border proceedings, it is necessary to look at the national systems and the challenges at the national level in relation to international standards. the need for more cross border cooperation at all levels and between all stakeholders to ensure continuity of care and (legal) support). Austria has transposed all the examined Framework Decision into national law. For all Framework Decisions, the Austrian law provides for grounds for refusal linked to possible fundamental rights violations; for some Member States, specific orders by the Ministry of Justice have been issued. The research revealed that the Framework Decision (FD) 2002/584/JHA on the European Arrest Warrant is used very frequently but little to no specific information on cases concerning persons with intellectual and/or psychosocial disabilities. FD 2008/909/JHA on the Transfer of Prisoners is also applied regularly, and there are various additional guidelines on the application, none of which are specific to persons with intellectual and/ or psychosocial disabilities. FD 2009/829/ JHA on the European Supervision Order and FD 2008/947/JHA on Probation and Alternative Sanctions, however, are applied very rarely in general, and no cases of persons with intellectual and/or psychosocial disabilities have been identified. Nonetheless, it was possible to identify some general challenges that may be equally (or even more) relevant for persons with intellectual and/or psychosocial disabilities (e.g., a lack of awareness of the specificities of the Framework Decisions and The possibility of indefinite deprivation of liberty of persons with intellectual and/or psychosocial disabilities in the criminal justice context (especially when it is beyond the maximum sentence for the offense in question) continues to pose a major challenge. This possibility places persons concerned in a situation of despair and lack of prospects, which can be emotionally and mentally stressful. For people with intellectual and/or psychosocial disabilities, being subjected to preventive measures means additional stigmatization in their daily lives, even after release. At the same time, the average duration of detention (when it is far longer than the maximum sentence) appears questionable with regard to standards under the European Convention on Human Rights (ECHR) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). In the national Austrian context, after years of criticism both at the national and international level and repeated condemnation by the European Court of Human Rights (ECtHR) due to the shortcomings of the preventive measures (“Maßnahmenvollzug”) systems, an amendment to the preventive measures system (“Maßnahmenvollzugsanpassungsgesetz”) came into force in 2023. Despite the recent reform, the system of preventive measures in Austria is still in need of change. Over the last 20 years, the number of people subject to preventive measures has steadily increased. During the proceedings, intellectual and/or psychosocial disabilities are only taken into account when an assessment is necessary to consider whether preventive measures should be applied (consisting of an assessment of the capacity in the moment when the crime was committed). For persons with psychosocial and/or intellectual disabilities

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