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The Future of Mutual Trust and the Prevention of Ill-treatment – Judicial cooperation and the Engagement of National Preventive Mechanisms

The Future of Mutual Trust and the Prevention of Ill-treatment – Judicial cooperation and the Engagement of National Preventive Mechanisms

On the 14th March 2017, the HUDI team at the Ludwig Boltzmann Institute of Human Rights, in conjunction with the Academy of European Law (ERA) in Trier completed a study entitled ‘The Future of Mutual Trust and the Prevention of Ill-treatment - Judicial cooperation and the Engagement of National Preventive Mechanisms.’

This study was part of an EU Commission supported project on increasing the engagement between judiciary and National Preventive Mechanisms (NPMs) as an opportunity to strengthen the fundamental rights compliant implementation of EU law. Judicial cooperation in criminal matters within the EU is based on the mutual recognition of judicial decisions, as evidence by the European Arrest Warrant and Framework Decisions on detention (Framework Decisions on the European Supervision Order, Transfer of Prisoners, and Probation and Alternative Sanctions). NPMs carry out monitoring visits to places of detention in the EU and possess a considerable expertise regarding the treatment and conditions of detention in their countries. While NPMs could potentially play an important role in the prevention of ill-treatment in the EU context, the project highlighted that many judges were unaware of the existence of NPMs, and at the same time, only few NPMs are familiar with developments on the EU level. Similarly, many judges are unaware of the work of NPMs, and the project aimed to fill this gap by increasing the awareness of the judiciary of NPMs and the relevance of NPMs in the fundamental rights compliant application of the EAW and Framework Decisions on detention.

The study considers the challenges that arise and the chances that the EAW and FDs on detention provide with regard to the prevention of ill-treatment. We hope that this study serves to promote the fundamental rights compliant application of EU law, to ensure the future of mutual trust and ultimately of course to ensure that individuals implicated in cross-border proceedings are treated in accordance with the law.

We are very grateful to the European Commission, and to the Straniak Foundation for their support with this project.

For further information please contact gerrit.zach@univie.ac.at

 

Tomkin, Jean
Zach, Gerrit
Crittin, Tiphanie
Birk, Moritz
2017