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.
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The obser-view is a method to generate data and create a learning space for both researcher and participants in qualitative research. It includes reflection between the two after the researcher has observed the participant. This article aims to reveal the benefits and challenges encountered when using the obser-view in two different research projects. In a Dutch project whose aim was to empower residents with dementia, in nursing homes the obser-view was used to generate data and create space for reflection which included residents and the family members. It showed that the obser-view cannot be finished when reflection does not happen. A Danish project with the aim to map the practice for inmates’ opportunities for education and job guidance highlighted that it made participants—educational prison leaders and teachers—aware they were doing their jobs by rote and showed the difficulties the researcher had trying to reflect with some participants. In both projects the obser-view created a learning space for participants. A benefit of the obser-view is that it can be used in dissimilar settings with different research purposes and with vulnerable and stigmatized people often excluded from the research. A challenge is for the researcher to reflect with participants, which is more likely to be successful if they have had time to develop a trusting relationship. Although the obser-view is a novel method in qualitative research, it has proved useful in different settings. It is a valuable method and we recommend developing it further in additional different settings with different populations.
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"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."
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