Belgium and the European arrest warrant : is European criminal cooperation under pressure? Refusal of European arrest warrant surrender in the case Jauregui Espina as proof of failing mutual trust

In its judgment of the 19th of November 2013, Belgium’s highest court, the Court of Cassation, confirmed an earlier judgment of the so-called kamer van inbeschuldigingstelling (KI) of the Court of Appeal in Ghent in response to a surrender demanded in accordance with a number of European arrest warrants issued by Spain. This surrender was brushed off the table by the KI on the basis of a motivation basedon themutual trust concerning thecompliance with fundamental rights within the context of European cooperation in criminal matters. This motivation seems bound to raise eyebrows amongst those who advocate this classic tenet of cross-border cooperation.This article frames this recent judgement within a European context, and investigates whether there is indeeda European tendency to step away from blind trust in lieu of (successfully) invoking fundamental rights to refuse cooperation. The case under scrutiny already seems to be pointing in that direction as far as the member states are concerned. Moreover, it seems to be confirmed by recent statements within the European Court of Justice (ECJ) by the Advocates General, as well as through the new procedural wind blowing through the Union with the Procedural Roadmap. On the other hand, the ECJ shows itself more reluctant than expected, giving rise to a situation in which member states and involved individuals remain in the dark with regard to a consistent line on the complex relation between smooth European cooperation in criminal cases and respect for fundamental rights. The Union moreover appears to be increasingly moving away from cooperation in criminal cases – despite the fact that it concerns a competence enshrined in treaty law – in exchange for a harmonisation of national (minimum) standards. A noble motive, which in this case however carries the potential to further complicate, or even undermine, the necessary trust and guarantees for fundamental rights in criminal cases. The recent judgement by the Court of Cassation also demonstrates that the matter of human rights requires an adequate response, not only to permanently ensure and improve the protection of fundamental rights, but also to avoid that more and more spanners are thrown in the works of smooth European cooperation in criminal matters

The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation in criminal matters

In its press release of 27 November 2013, the European Commission presented two proposals directly stemming from the Council Procedural Roadmap’s Measure E on the need for special safeguards for suspected or accused persons who are vulnerable. Whereas the roadmap envisions improved attention for a vulnerable subject regardless of the origins of this vulnerability – be it due to age, mental or physical condition – the recent proposals indicate a clear differentiation between vulnerability based on the defendant’s age on the one hand, and the (adult) defendant’s mental or physical capacities on the other hand. As such, a proposal for a Directive for procedural safeguards for children was presented, whereas adult defendants in criminal proceedings will have to satisfy with a mere non-binding Recommendation. While it may be defended that an accumulation of these sources for diminished capacity is not preferable, the Commission’s approach and underlining rationale seem equivocal. Competence issues and demonstrated needs will serve as samples for this. Without aiming to promote a viewpoint of vulnerability where one cause is hierarchically decisive over the other, a case will be made for an equally adequate instrument for defendants with a mental disorder in criminal proceedings

Impact of global change on coastal oxygen dynamics and risk of hypoxia

Climate change and changing nutrient loadings are the two main aspects of global change that are linked to the increase in the prevalence of coastal hypoxia - the depletion of oxygen in the bottom waters of coastal areas. However, it remains uncertain how strongly these two drivers will each increase the risk of hypoxia over the next decades. Through model simulations we have investigated the relative influence of climate change and nutrient run-off on the bottom water oxygen dynamics in the Oyster Grounds, an area in the central North Sea experiencing summer stratification. Simulations were performed with a one-dimensional ecosystem model that couples hydrodynamics, pelagic biogeochemistry and sediment diagenesis. Climatological conditions for the North Sea over the next 100 yr were derived from a global-scale climate model. Our results indicate that changing climatological conditions will increase the risk of hypoxia. The bottom water oxygen concentration in late summer is predicted to decrease by 24 mu M or 11.5% in the year 2100. More intense stratification is the dominant factor responsible for this decrease (58 %), followed by the reduced solubility of oxygen at higher water temperature (27 %), while the remaining part could be attributed to enhanced metabolic rates in warmer bottom waters (15 %). Relative to these climate change effects, changes in nutrient runoff are also important and may even have a stronger impact on the bottom water oxygenation. Decreased nutrient loadings strongly decrease the probability of hypoxic events. This stresses the importance of continued eutrophication management in coastal areas, which could function as a mitigation tool to counteract the effects of rising temperatures

Material detention conditions, execution of custodial sentences and prisoner transfer in the EU Member States: an IRCP study

For the Academy of European Law Seminar on 'Improving conditions related to detention', the results of the IRCP's study regarding cross-border execution of judgements involving deprivation of liberity in the EU were presented. In particular, the Council Framework Decision on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (FD 909) was scrutinised against the backdrop of the existing EU-wide diversity in National criminal procedures as well as identified issues regarding the material detention conditions in the EU member states. The FD 909's merits and flaws were identified and recommendations were formulated

T. Van Osselaer, The pious sex. Catholic constructions of masculinity and femininity in Belgium, c. 1800-1940

T. Van Osselaer, The Pious Sex. Catholic Constructions of Masculinity and Femininity in Belgium, c. 1800-1940 (Leuven University Press: Leuven, 2013, 272 pp., ISBN 9789058679505)

Handbook on the Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (key features)

Oversight of the key-features of the Handbook on FD 909 for the expert meeting with the European Commission, Europris and the members of the judicial authorities

General fundamental rights challenges within the context of the EAW and other Framework Decisions relating to detention

Overview of some of the general fundamental rights issues in relation to the Framework Decisions relating to detention (and their alternatives