JUSTICE FOR ALL OVERVIEW ON EU CROSSBORDER PROCEEDINGS AND FUNDAMENTAL RIGHTS 03. In the European Union, one of the most basic principles applicable among the Member States is that of mutual trust as enshrined in the Treaty of the European Union (TEU) Art 4 (2) and (3).287 This principle was interpreted by the Court of Justice of the European Union (CJEU) as requiring, “save in exceptional circumstances, to consider all the other Member States to be complying with EU law and particularly with the fundamental rights recognised by EU law.”288 The TEU also provides for the recognition of the Charter of Fundamental Rights of the European Union (CFR or “Charter”) as having the same legal status as the Treaties.289 Thus, both the principle of mutual trust and the need for fundamental rights respect apply in the context of the EU’s legislative instruments, including the Framework Decisions. Concerning the topic of cross-border proceedings, four Framework Decisions are of relevance in the context of this project: the European Arrest Warrant (2002/584/JHA),290 the Transfer of Prisoners (2008/909/JHA),291 the European Supervision Order (2009/829/JHA)292 and the Probation Measures and Alternative Sanctions (2008/947/JHA).293 Art 1 of the European Arrest Warrant (EAW FD), of the Transfer of Prisoners (TP FD), of Probation Measures and Alternative Sanctions (PAS FD) and Art 5 of the European Supervision Order (ESO FD) consist of a common provision expressly providing for the obligation for the instruments to “respect fundamental rights and fundamental legal principles as enshrined in Art 6 of the Treaty on European Union.”294 This obligation is strengthened by Recitals, including one common Recital, which stresses the necessity to respect fundamental rights, to follow the principle of mutual trust and also take into consideration the specific cases of persons with intellectual and/or psychosocial disabilities.295 The EU fundamental rights framework, in the context of cross-border proceedings, relies on several international provisions. First, as mentioned above, it includes Art 6 of the TEU, which states that “the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union (…) which shall have the same legal value as the Treaties. (…) The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter (…). Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.”296 Second, and as indicated in Art 6 TEU, the fundamental rights framework of the EU includes the CFR. Under Art 52, the Charter indicates that “in so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection. (…)”.297 Art 53 of the Charter states that “nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union or all the Member States are party (…)”.298 Finally, and following the wording of Art 53, the EU is a party to the UNCRPD, together with all the Member States, which means that the treaty is part of the fundamental rights framework. The CJEU has adjudicated on a case involving an individual with a mental disability, confirming the application of the 81