NATIONAL TRANSPOSITION OF THE FRAMEWORK DECISIONS 4.1 TRANSPOSITION INVOLVING SAFEGUARDS 4.1.1 GROUNDS FOR REFUSAL 4.1.1.1 FUNDAMENTAL RIGHTS VIOLATIONS Regarding the EAW FD, Austria reported that the transposition contains additional provisions on grounds for refusal to surrender based on fundamental rights violation. The domestic legislation provides a two-fold limitation: Firstly, the court must have objective indicators for the violation. Secondly, the concerned person must lack remedies before the ECtHR or the CJEU.371As the latter requirement can generally only be determined in cooperation with the issuing authority, further information may be requested by the executing authority. This is based on the consideration that fundamental rights violations are best determined and dealt with in the course of the proceedings in the issuing state.372 Austria also de facto appoints an expert to make an assessment of the individual on their fitness to be transferred before any transit in general, despite the fact that such safeguard is not expressly provided for in the national legislation, allowing for a possible suspension or postponement of the transfer.373 Germany evoked a domestic case concerning the obligation to investigate potential fundamental rights violations for a person in a situation of vulnerability even without an already existing expert statement describing a possible danger.374 This jurisprudence goes beyond what the Italian court asked the CJEU in the E.D.L. case,375 which only dealt with the possible danger found on the basis of an expert statement. The German jurisprudence rather focused on the general obligation to investigate potential violations in the executing country. Vis-à-vis the TP FD, and regarding the particular aspect of the grounds for the refusal to execute a request for transferring a prisoner, partner countries have identified additional bases in national transposition acts. Similar to the EAW FD,376 the TP FD already foresees the possibility to refuse a 94 transfer in case the decision was decided in order to punish someone for their “sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation”.377 To this discriminatory component, Slovenia notably added that a sentence which could be considered to have been rendered in violation of fundamental rights or freedoms could also be a ground for refusal.378 Italy also pointed out in their national report that fair trial violations, as a category of fundamental rights, could be the basis for a refusal to execute the sentence.379 Still on the TP FD, Slovenia pointed out the possibility for courts to reject the recognition and execution of the imposed sentence when it includes psychiatric treatment, healthcare or another measure involving deprivation of liberty which cannot be executed in the country.380 Bulgaria also reported that a court is not required to recognize and execute a judicial act when the imposed punishment includes coercive medical measures (compulsory treatment) or measures involving deprivation of liberty.381 Concerning the ESO FD, Austria reported that, as an executing authority, the national transposition foresees a ground for refusal relating to a violation of the principles laid down in Art 6 TEU, or if there are objective indicators that the ESO was issued for the purpose of persecuting or punishing this person based on discriminatory grounds.382 While grounds for refusal related to fundamental rights are optional under the ESO FD, they are binding under national law. 4.1.1.2 SOCIAL REHABILITATION The necessity to keep the best interest of the individual involved in the proceedings was also reported as a potential ground for refusal to execute proceedings in the context of framework decisions. Regarding the TP FD, Slovenia added a ground related to the best interest of the defendant, reporting that a national court could submit to a competent authority of the issuing state an opinion of refusal stating the reasons why the transfer to Slovenia would not facilitate the integration of the person concerned into the