This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
DOCUMENT
Kinderen buiten beeld. De leefsituatie van ongedocumenteerde kinderen in Nederland Dit artikel werpt licht op de omstandigheden waaronder kinderen zonder verblijfsstatus (ongedocumenteerde kinderen) opgroeien in Nederland en niet in beeld zijn bij de overheid. Het betreft uitgeprocedeerde kinderen en kinderen die nooit een asielaanvraag hebben ingediend. In beide gevallen gaat het om kinderen die met hun ouders een bestaan in de illegaliteit opbouwen. De data zijn afkomstig uit een studie naar de woon- en leefsituatie van 29 illegale kinderen tussen 6 tot 19 jaar oud. De kinderen benoemen problemen die gedeeltelijk samenvallen met die van andere kinderen in Nederland, ook kinderen die in armoede opgroeien. De problemen van ongedocumenteerde kinderen werken echter zwaarder door. Ook staan zij onder grote psychische druk. Ze leven met het geheim van hun juridische status, zijn bang door de politie te worden opgepakt, weten niet wie ze kunnen vertrouwen en ervaren hun toekomst als ongewis.
DOCUMENT
Project objectives Radicalisation research leads to ethical and legal questions and issues. These issues need to be addressed in way that helps the project progress in ethically and legally acceptable manner. Description of Work The legal analysis in SAFIRE addressed questions such as which behavior associated with radicalisation is criminal behaviour. The ethical issues were addressed throughout the project in close cooperation between the ethicists and the researchers using a method called ethical parallel research. Results A legal analysis was made about criminal law and radicalisation. During the project lively discussions were held in the research team about ethical issues. An ethical justification for interventions in radicalisation processes has been written. With regard to research ethics: An indirect informed consent procedure for interviews with (former) radicals has been designed. Practical guidelines to prevent obtaining information that could lead to indirect identification of respondents were developed.
DOCUMENT
"Probation is a fast-developing field that plays an important role in the response to crime and the prevention of reoffending. Probation covers various sanctions and community-based measures, including supervision and community service, designed to promote community safety and the social inclusion of offenders. This brochure is intended for justice ministers, other politicians and senior civil servants interested in setting up or upgrading a probation service. The ‘key message’ highlights the main topics and messages in this brochure. Readers who want to learn more about the benefits of probation and about how to bring these into practice should read the full text."
DOCUMENT
"Probation is a fast-developing field that plays an important role in the response to crime and the prevention of reoffending. Probation covers various sanctions and community-based measures, including supervision and community service, designed to promote community safety and the social inclusion of offenders. This brochure is intended for justice ministers, other politicians and senior civil servants interested in setting up or upgrading a probation service. The ‘key message’ highlights the main topics and messages in this brochure. Readers who want to learn more about the benefits of probation and about how to bring these into practice should read the full text."
DOCUMENT
This systematic literature review describes what is known about the effectiveness of practices in probation supervision. Effectiveness is defined as: contributing to a reduction in recidivism, better functioning of clients in various areas, or prevention of non-compliance and drop-out. Based on a systematic research of Dutch and foreign literature, 141 articles and reports were selected and analysed
DOCUMENT
The Confederation of European Probation detects a clear need for a central record of training and qualification requirements, standards or curricula for probation and community supervision practitioners in EU Member States. Hogeschool Utrecht (UAS) has been commissioned to conduct a survey to collect an overview of qualification requirements and training of probation workers in order to set up a network to share knowledge, competencies and expertise among members’ states. The research question is: What kind of formation precedes the start of a career of a probation worker in the various EU Member states and how does it develop throughout his or her career? In order to answer this question, an online survey with closed and open questions has been send out among CEP members that provide or are responsible for probation services. Twenty of them filled out the questionnaire covering 18 different countries.
DOCUMENT
Full text via link. In September 2015, a four year project on the working alliance with mandated clients started. The project was facilitated by a RAAK-PRO grant of the Dutch Organisation of Scientific Research (NWO) and carried out by researchers of the University of Applied Sciences Utrecht. The project has been set up throughout several areas of the forensic social field: probation, labor reintegration, debt counseling, social care and youth services. The idea came as a response to the ambivalent feelings professionals in mandated contexts express regarding the combination of controlling and coaching tasks they need to employ. They sometimes struggle with ‘hybrid working’ in one-to-one supervision with clients. Professionals claim they need theory-based knowledge on how to build a working alliance with mandated clients on which they can build their daily practice.
LINK
In this thesis several studies are presented that have targeted decision making about case management plans in probation. In a case management plan probation officers describe the goals and interventions that should help offenders stop reoffending, and the specific measures necessary to reduce acute risks of recidivism and harm. Such a plan is embedded in a judicial framework, a sanction or advice about the sanction in which these interventions and measures should be executed. The topic of this thesis is the use of structured decision support, and the question is if this can improve decision making about case management plans in probation and subsequently improve the effectiveness of offender supervision. In this chapter we first sketch why structured decision making was introduced in the Dutch probation services. Next we describe the instrument for risk and needs assessment as well as the procedure to develop case management plans that are used by the Dutch probation services and that are investigated in this thesis. Then we describe the setting of the studies and the research questions, and we conclude with an overview of this thesis.
DOCUMENT
This article is about the effect of local tailored interventions to counter (violent) extremism, and therefore contributes to the academic and policy debates. It focusses on local, professional perspectives on person-specific interventions utilising a Dutch case study as the basis. The interventions are part of the wider-ranging counter terrorism policy that entails (local) measures that are deployed in relation to designated high-risk individuals and groups. By reviewing policy documents and conducting semi-structured interviews, the exploratory study concludes that the key factors for a hand-tailored intervention are a solid network, expert knowledge to assess potential signs of extremist ideology, an awareness of not having too many concurrent measures, good inter-institutional cooperation and information-sharing. The professionals involved felt that person-specific interventions have contributed to reducing the threat of religious extremism in the Netherlands. Nonetheless, municipal officials and security agents emphasised the importance of setting realistic goals and a focus on preventive rather than repressive measures. Furthermore, despite the central role that municipal actors play, they run up against problems such as cooperation within the security and care sector. National entities appear to emphasize information-gathering and monitoring more than community-focused cooperation. Thereby questioning whether, on the national level, local professionals are perceived as playing a key role in dealing with extremism.
DOCUMENT
