2 Overall goals and fundamental rights ▪ This chapter focuses on the role of fundamental rights in decisions to transfer suspected, accused or sentenced persons between EU Member States. ▪ It discusses fundamental rights standards and refusal grounds. ▪ This chapter also provides a vision for improved mutual recognition. The three Framework Decisions, as mutual recognition instruments, seek to contribute to the European area of justice by making cross-border justice more efficient and strive towards a more coherent system that treats persons more similarly, irrespective of where they are from and where actions are taken. The instruments also have overarching goals (see Table 7). The two post-trial instruments aim to facilitate social rehabilitation. This is to be achieved by having persons serve their sentences, or having suitable alternatives to detention (probation Table 7: measures) supervised, ‘closer to home’. The Framework Decision on probation and alternative sanctions also aims to improve the protection of victims and the general public while encouraging suitable alternatives to detention. Finally, the Framework Decision on the ESO seeks to ensure justice while encouraging alternatives to detention (non-custodial measures) for individuals suspected or accused in an EU Member State other than their own. Like the Framework Decision on probation and alternative sanctions, the ESO also aspires to protect victims and the general public. Recital 3 clarifies that this should be achieved by “the monitoring of a defendants’ movements in the light of the overriding objective of protecting the general public and the risk posed to the public by the existing regime, which provides only two alternatives: provisional detention or unsupervised movement. The measures will therefore give further effect to the right of law-abiding citizens to live in safety and security.” Recital 4 further elaborates that the aim is also to “enhanc[e] the right to liberty and the presumption of Overall aims of the three Framework Decisions Short name Aim (emphasis added) Transfer of prisoners Art. 3 (1): “The purpose […] is to establish the rules under which a Member State, with a view to facilitating the social rehabilitation of the sentenced person, is to recognise a judgment and enforce the sentence.” Probation and alternative sanctions European Supervision Order (ESO) Art. 1: “This […] aims at facilitating the social rehabilitation of sentenced persons, improving the protection of victims and of the general public, and facilitating the application of suitable probation measures an alternative sanctions, in case of offenders who do not live in the State of conviction.” Art. 2 “Objectives [are] (a) to ensure the due course of justice […]; (b) to promote, […] non-custodial measures for persons who are not resident in the Member State where the proceedings are taking place; (c) to improve the protection of victims and of the general public.” Recitals 3 and 4 elaborate on the cited objectives. Source: FRA, 2016 35