and NPMs on the national level and even less so across Europe.7
There is no EU mechanism at the moment that systematically collects the information produced or
maintains any form of institutionalised coordination with NPMs. The expertise of NPMs as the main
bodies monitoring detention thus could be used more systematically in the application of EU law.
This Study aims to fill this gap by increasing the awareness of judges in the EU of NPMs and their
relevance for the implementation the Framework Decisions on Detention, as well as the EAW, and
other relevant EU legislation as well as the coordination between judiciary and NPMs. In addressing
these questions, the Study contributes to the overall objective of ensuring the correct, consistent
and fundamental rights compliant implementation of EU legislation.
structure of the study
The Study is divided into two parts. The first addresses the challenges and chances of the Framework
Decisions with regard to the prevention of ill treatment. The three chapters in part 1 provide an
introduction to the Framework Decisions and the principles that underline them including mutual
trust and recognition. It then looks at each of the Framework Decisions in light of the challenges and
chances that arise in their application or implementation. Overall, Part 1 is a legal analysis of the Framework Decisions on detention, and looks at national and regional jurisprudence, as well as practice
to illustrate the opportunities and obstacles associated with the Framework Decisions.
Part 2 considers how strengthened cooperation with judiciary and NPMS contribute to the prevention of ill-treatment. Part 2 addresses in four parts the actors that impact upon the implementation of
Framework Decisions and the role they play in the prevention of ill-treatment. Chapter 1 examines
the role of judiciary and NPMS, in the prevention of ill-treatment. Chapter 2 and Chapter 3 considers
methods and modes of engagement domestically and in the context of cross-border procedures.
Chapter 4 looks at the role of the international community, and how regional and international bodies can support NPMS and judges in the implementation of Framework Decisions on detention in a
manner compliant with the prevention of ill-treatment.
7
BIM/HRIC, “Strengthening the effective implementation and follow-up of recommendations by torture monitoring bodies
in the EU”, JUST/2013/JPEN/AG/4538.
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