Framework Decision 2008/909/JHA and Fundamental Rights Concerns: In Search of Appropriate Remedies

The chapter focuses on the main fundamental rights challenges posed by Framework Decision 2008/909/JHA. It discusses how fundamental rights concerns have been addressed by the EU legislature and the CJEU thus far, and then applies this approach to the system of cross-border transfers. The analysis firstly addresses the normative and judicial remedies available to resist a forced transfer or challenge the issuing authority’s decision to reject the prisoner’s request for a transfer. Secondly, the chapter considers whether the risk of facing inhumane or degrading treatment in consequence of a transfer may result in a limit to this judicial cooperation mechanism, also in light of the CJEU case law concerning the European Arrest Warrant