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.
Background:Ecstasy (3,4-methylenedioxymethamphetamine (MDMA)) has a relatively low harm and low dependence liability but is scheduled on List I of the Dutch Opium Act (‘hard drugs’). Concerns surrounding increasing MDMA-related criminality coupled with the possibly inappropriate scheduling of MDMA initiated a debate to revise the current Dutch ecstasy policy.Methods:An interdisciplinary group of 18 experts on health, social harms and drug criminality and law enforcement reformulated the science-based Dutch MDMA policy using multi-decision multi-criterion decision analysis (MD-MCDA). The experts collectively formulated policy instruments and rated their effects on 25 outcome criteria, including health, criminality, law enforcement and financial issues, thematically grouped in six clusters.Results:The experts scored the effect of 22 policy instruments, each with between two and seven different mutually exclusive options, on 25 outcome criteria. The optimal policy model was defined by the set of 22 policy instrument options which gave the highest overall score on the 25 outcome criteria. Implementation of the optimal policy model, including regulated MDMA sales, decreases health harms, MDMA-related organised crime and environmental damage, as well as increases state revenues and quality of MDMA products and user information. This model was slightly modified to increase its political feasibility. Sensitivity analyses showed that the outcomes of the current MD-MCDA are robust and independent of variability in weight values.Conclusion:The present results provide a feasible and realistic set of policy instrument options to revise the legislation towards a rational MDMA policy that is likely to reduce both adverse (public) health risks and MDMA-related criminal burden.
MULTIFILE
Wildlife crime is an important driver of biodiversity loss and disrupts the social and economic activities of local communities. During the last decade, poaching of charismatic megafauna, such as elephant and rhino, has increased strongly, driving these species to the brink of extinction. Early detection of poachers will strengthen the necessary law enforcement of park rangers in their battle against poaching. Internationally, innovative, high tech solutions are sought after to prevent poaching, such as wireless sensor networks where animals function as sensors. Movement of individuals of widely abundant, non-threatened wildlife species, for example, can be remotely monitored ‘real time’ using GPS-sensors. Deviations in movement of these species can be used to indicate the presence of poachers and prevent poaching. However, the discriminative power of the present movement sensor networks is limited. Recent advancements in biosensors led to the development of instruments that can remotely measure animal behaviour and physiology. These biosensors contribute to the sensitivity and specificity of such early warning system. Moreover, miniaturization and low cost production of sensors have increased the possibilities to measure multiple animals in a herd at the same time. Incorporating data about within-herd spatial position, group size and group composition will improve the successful detection of poachers. Our objective is to develop a wireless network of multiple sensors for sensing alarm responses of ungulate herds to prevent poaching of rhinos and elephants.
