INTRODUCTION
4
1.2. PROJECT AND
METHODOLOGY
The findings presented in this report are a product of
research that was conducted as part of a project cofunded by the European Commission, with the Ludwig
Boltzmann Institute of Fundamental and Human Rights
(Austria) leading the project in cooperation with the
Bulgarian Helsinki Committee (Bulgaria), Dortmund
University of Applied Sciences and Arts (Germany),
Antigone (Italy), Mental Health Perspectives (Lithuania)
and Peace Institute (Slovenia).
Within the EU, the need for better coordinated
judicial cooperation between the Member States grew
significantly during the past two decades. In order to
facilitate and simplify judicial cooperation in criminal
proceedings, the European Commission (EC) has
adopted a series of procedural rights instruments (2009
Procedural Roadmap), including the 2002/584/JHA on
the European Arrest Warrant; 2008/909/JHA on the
Transfer of Prisoners; 2008/947/JHA on Probation and
Alternative Sanctions; 2009/829/JHA on the European
Supervision Order.
The Court of Justice of the European Union clarified
in various judgments that the application of mutual
recognition instruments must not lead to a violation of
fundamental rights.5 Equally, reference to fundamental
5 Judgment of the Court (Grand Chamber) of 5 April 2016, Pál Aranyosi
and Robert Căldăraru v Generalstaatsanwaltschaft Bremen, joined Cases
C-404/15 and C-659/15 PPU.