1 INTRODUCTION
The findings presented in this report are a product of research that was
conducted as part of a project co-funded by the European Commission,
with the Ludwig Boltzmann Institute of Fundamental and Human Rights
(Austria) leading the project in cooperation with the Bulgarian Helsinki
Committee (Bulgaria), Dortmund University of Applied Sciences and Arts
(Germany), Antigone (Italy), Mental Health Perspectives (Lithuania) and
Peace Institute (Slovenia).
Within the EU, the need for better coordinated judicial cooperation between the Member States grew significantly during the past two decades. In
order to facilitate and simplify judicial cooperation in criminal proceedings,
the European Commission (EC) has adopted a series of procedural rights
instruments (2009 Procedural Roadmap), including the 2002/584/JHA on
the European Arrest Warrant; 2008/909/JHA on the Transfer of Prisoners;
2008/947/JHA on Probation and Alternative Sanctions; 2009/829/JHA on
the European Supervision Order.
The Court of Justice of the European Union clarified in various judgments
that the application of mutual recognition instruments must not lead to a
violation of fundamental rights. Equally, reference to fundamental rights
may be found in all Framework Decisions. Respect for fundamental rights
is vital to build mutual trust between the Member States and ensure the
good functioning of cross border cooperation. Thus, in order to fully analyse cross-border proceedings, it is necessary to have a look at national
systems and identify challenges that arise at the national level related to international, regional and national standards (including EU standards, UNCRPD, UNCAT, ECHR and Council of Europe), which may hinder cross-border cooperation.
The project analyses the implementation of the abovementioned EU
Framework Decisions into national law with respect to the rights of defendants and detainees with intellectual and/or psychosocial disabilities (IPD).
So far, little to no attention has been given in research to the specific challenges that defendants and detainees with intellectual and/or psychosocial
Judgment of the Court (Grand Chamber) of 5 April 2016, Pál Aranyosi and Robert Căldăraru v Generalstaatsanwaltschaft Bremen, joined Cases C-404/15 and C-659/15 PPU.
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SLAVKA KUKOVA