JUSTICE FOR ALL
• Improve access to information on
national criminal justice systems of
other EU Member States to strengthen
cooperation and facilitate exchange
between actors (e.g., by developing a
database). This will enable competent
authorities to identify and overcome
possible differences between national
jurisdictions.
• Include FDs and their purpose in the
curriculum of judicial training.
• Consider the development of a database
to include information on different areas
(in EU languages): national legislation,
cross-border cases, cases involving
persons with intellectual and/or psychosocial disabilities, transfers postponed,
transfers refused, contacts of relevant
national authorities and actors and
references to grounds for refusal. Any
sort of database would need to respect
the privacy of individuals with disabilities
in order to avoid labelling. There is thus a
need to select what kind of information
would be available in a database and to
make sure only selected people have
access to it. Any development should
take into consideration the UNCRPD,
other human rights standards and GDPR
standards (protecting personal data),
available at the European level and
national level.
• Member States (especially federal states)
should consider the establishment of
national centralised authorities or setting
up a department within the prosecutor’s
office with the mandate to apply all
cross-border framework decisions.
• Mainstream the collaboration between
prosecutors’ offices and NPMs when confronted with cases where fundamental
rights violations are a risk.
• At the regional level, the European
Judicial Network (EJN) or Eurojust could
take a bigger coordinating and advisory
role to ensure better communication and
cooperation between Member States and
solve the issue of mistrust.
5.4 CHALLENGES REGARDING COMMUNICATION
AND COOPERATION
5.4.1 COMMUNICATION
The application of the FDs can be hindered
by issues in the communication between
Member States. Germany pointed out that
involved actors and institutions sometimes
had to come up with solutions not provided
for in the FDs or even at the national level of
norms. Germany reported that hospitals and
practitioners in prisons’ healthcare sometimes
use informal ways to establish contact with
organisations in neighbouring countries in
order to ensure further treatment after the
person concerned leaves Germany.476 Even
in the case that these alternative routes are
taken to ensure the application of the PAS
FD, other obstacles hinder treatment, such
as missing financial support or long waiting
lists.477
A Lithuanian participant in the regional consultation workshop also evoked this absence
of communication between relevant actors
in ensuring the good application of the PAS
FD’s content. They reported that in cases
when the judge is appointed to supervise
a person undergoing probation in a foreign
country, supervision happens through long
distance communication, relationships with
relatives, or, if a visitor comes to the country
of origin, meetings in person. The individual
also usually needs to write the reports to
courts. However, the participant stated that
such supervision measures on probation did
not qualify as proper supervision but that
supervision remained preferred over transfers
because the bureaucracy associated with the
supervision of probation was less stringent
despite the loss of qualitative efficiency. They
also evoked how there is no possibility to truly
control the risk people undergoing probation
pose to local communities. In Germany, hospitals and practitioners in prison healthcare
sometimes rely on informal ways to establish
contact with organisations in other states in
order to ensure the good administration of
medical treatment once the person concerned leaves Germany due to the absence
of official means of communication.478
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