The Reasons Behind the Failure of the European Supervision Order: The Defeat of Liberty Versus Security

Abstract

[Abstract]: The European Supervision Order is an instrument of mutual recognition of judicial deci-sions essential to guarantee the exceptional nature of pre-trial detention. It also prevents discrimi-nation of suspects and accused persons in criminal proceedings on grounds of nationality or resi-dence, with regard to the possibilities of enjoying provisional release pending trial. It is, in short, an instrument that stands as a guarantee of the freedom of citizens in the European Area of Freedom, Security and Justice. However, despite its crucial role, the use of this instrument is very scarce, as its application encounters significant obstacles, including the insufficient level of trust between Member States, which appears to play a key role.