NATIONAL TRANSPOSITION OF THE FRAMEWORK DECISIONS 4.3.4 RECOMMENDATIONS Ensure the informed consent of the concerned individual: Adapt EU standards and jurisprudence to the concerned individuals’ needs: • Establish formal procedures to ensure the free and informed consent of suspected or sentenced persons at the national level, in particular in the context of consent for medical treatment in cross-border proceedings and in the context of in absentia hearings. The concerned individual must understand the proceedings they are currently in as well as the consequences of their given consent. • Implement the 2013 Recommendation by all Member States and create specific guidelines in order to better adapt such cross-border proceedings to persons with intellectual and/or psychosocial disabilities, with a focus on consent. • Ensure interpretation and translation in EU languages when necessary, in particular during hearings and when seeking medical treatment, to ensure the person concerned understands the proceedings. • Ensure that persons with intellectual and/ or psychosocial disabilities in criminal proceedings are involved in the process from the beginning to the end and that decisions are not taken without them. Ensure a safe transfer: • Ensure prompt assessment of the suitability of a person to be subjected to transfer, taking into account particular needs and circumstances, notably the looking to the country where they have the strongest social ties or medical accommodation during the transfer. • Ensure accommodations of support (e.g., company of a person of trust or with medical assistance) throughout the transfer to avoid possible deteriorations of the situation of the person concerned. • Ensure continuity of care in case of transfer (including by providing necessary documentation of services/therapy received). Information transmitted needs to be translated or directly written in the language of the executing state. 102 • Ensure that focus in cross-border cases is on the assessment of the individual’s state and risks of fundamental rights violations rather than the enforcement of the principle of mutual trust and mutual recognition among Member States. Organise strategic litigation to change the CJEU jurisprudence and remove the first step of the two step approach as established in the Aranyosi and Căldăraru decision (systemic or generalised deficiencies or deficiencies affecting an objectively identifiable group of persons to which the requested person belongs).