The Europeanisation of Criminal Law and the Criminal Law Dimension of European Integration. Research Papers in Law, 3/2005

From the Introduction. In the academic year 1991-1992, Utrecht University, on my initiative, started to offer courses in European criminal law. This initiative came at a symbolic moment, just prior to the entry into force of the EU Treaty of Maastricht1 and the outlining of European policy in the areas of Justice and Home Affairs (JHA). The Director of the Legal Department, Paul DEMARET, was aware of the significance of this development and I have been given the opportunity to teach this subject at the College of Europe since 1995. Since then, JHA has evolved into one of the main areas of EU legislation. Now we are again on the threshold of an important historical feat. In June 2003, the European Convention reached agreement concerning a draft Treaty establishing a Constitution for Europe.2 The use of the term “Constitution” for the future EU Treaty is not simply cosmetic. The realisation has dawned that EU integration must be embedded in a treaty document which also regulates the rights and duties of citizens, not just with respect to European citizenship, but also with respect to, for example, Justice. Where JHA is concerned, this result acknowledges that the harmonisation of criminal law and criminal procedure and transnational cooperation cannot preclude the harmonisation of principles of due law and fair trial. Despite the substantial Europeanisation of criminal law, many criminal lawyers are defending the achievements and typicalities of their national criminal law like never before. EU initiatives are assessed from the perspective of the national agenda and national achievements. We are still too far removed from a European criminal law policy that is both European and enjoys national support. The core issue is therefore not how to keep our criminal (procedural) law national and free from European influences, but rather how to ensure democratic decision making, the quality of the constitutional state and the guarantees of criminal law in a national administrative model which has to operate increasingly interactively within a European and international context. In this contribution, the contours of the Europeanisation of criminal law are outlined and analysed. First, attention will be paid to the EC and, second, to the JHA. Following this, an evaluation and a look ahead at the current IGC are indicated.

Distribution of planktonic foraminifera and paleotemperature reconstruction for the Subantarctic Zone of the South Atlantic

Pleistocene summer sea-surface temperatures (SSST) have been reconstructed on a composite core section recovered in the Subantarctic Zone of the Southern Ocean from planktonic foraminifers applying the Modern Analog Technique. The composite consists of Core PS2489-2 and the sections recovered at ODP Site 1090, and documents the last 1.83 Ma. Three distinct climatic periods can be identified that mirror the Pleistocene development of the Southern Ocean hydrography. Cold climatic conditions prevailed at 43°S during glacial as well as during interglacial periods during the early Pleistocene (1.83-0.87 Ma), indicating a northward shift of isotherms that characterize the present-day Polar Front Zone by about 7° of latitude. Evidence shows a strong linkage between Southern Ocean and low latitude climate during that interval time. Between the Mid-Pleistocene Revolution (ca. 0.9 Ma) and the Mid-Brunhes Event (ca. 0.4 Ma), we observe higher amplitude fluctuations in the SSST between glacial and interglacial periods, corresponding to the temperature range between the present Polar Front and Subantarctic Front. These climatic variations have been related to changes in the northern hemisphere ice sheets. The past 0.4 Ma are characterized by strong SSST variations, of up to 8°C, between glacials and interglacials. Only during the climatic optima (stages 11.3, 9.3, 7.5, 7.1, 5.5, and the early Holocene), SSST exceeded present SSST at the core locality (10.2°C). Although the carbonate dissolution record exhibits high variability during the Pleistocene, it can be shown that SSST estimates were not significantly biased. The Mid-Brunhes dissolution cycle as well as the Mid-Pleistocene enhanced carbonate preservation appear to belong to a global long-term variability in carbonate preservation.

Stable isotope record of foraminifera from South Atlantic sediments with reconstruction of paleotemperatures and paleosalinities

Changes in surface water hydrography in the Southern Ocean (eastern Atlantic sector) could be reconstructed on the basis of isotope-geochemical and micropaleontological studies. A total of 75 high quality multicorer sediment surface samples from the southern South Atlantic Ocean and three Quaternary sediment cores, taken on a meridional transect across the Antarctic Circumpolar Current, have been investigated. The results of examining stable oxygen isotope compositions of 24 foraminiferal species and morphotypes were compared to the near-surface hydrography. The different foraminifera have been divided into four groups living at different depths in the upper water column. The 8180 differences between shallow-living (e.g. G. bulloides, N. pachyderma) and deeper-dwelling (e. g. G. inflata) species reflect the measured temperature gradient of the upper 250 m in the water column. Thus, the 6180 difference between shallow-living and deeper-living foraminifera can be used as an indicator for the vertical temperature gradient in the surface water of the Antarctic Circumpolar Current, which is independent of ice volume. All planktonic foraminifera in the surface sediment samples have been counted. 27 species and morphotypes have been selected, to form a reference data Set for statistical purposes. By using R- and Q-mode principal component analysis these planktonic foraminifera have been divided into four and five assemblages, respectively. The geographic distribution of these assemblages is mainly linked to the temperature of sea-surface waters. The five assemblages (factors) of the Q-mode principal component analysis account for 97.l % of the variance of original data. Following the transferfunction- technique a multiple regression between the Q-mode factors and the actual mean sea-surface environmental parameters resulted in a set of equations. The new transfer function can be used to estimate past sea-surface seasonal temperatures for paleoassemblages of planktonic foraminifera with a precision of approximately ±1.2°C. This transfer function F75-27-5 encompasses in particular the environmental conditions in the Atlantic sector of the Antarctic Circumpolar Current. During the last 140,000 years reconstructed sea-surface temperatures fluctuated in the present northern Subantarctic Zone (PS2076-1/3) at an amplitude of up to 7.5°C in summer and of up to 8.5°C in winter. In the present Polarfrontal Zone (PS1754-1) these fluctuations between glacials and interglacials show lower temperatures from 2.5 to 8.5°C in summer and from 1.0 to 5.0°C in winter, respectively. Compared to today, calculated oxygen isotope temperature gradients in the present Subantarctic Zone were lower during the last 140,000 years. This is an indicator for a good mixing of the upper water column. In the Polarfrontal Zone also lower oxygen isotope temperature gradients were found for the glacials 6, 4 and 2. But almost similar temperature gradients as today were found during the interglacial stages 5, 3 and the Holocene, which implicates a mixing of the upper water column compared to present. Paleosalinities were reconstructed by combining d18O-data and the evaluated transfer function paleotemperatures. Especially in the present Polarfrontal Zone (PS1754-1) and in the Antarctic Zone (PS1768-8), a short-term reduction of salinity up to 4 %o, could be detected. This significant reduction in sea-surface water salinity indicates the increased influx of melt-water at the beginning of deglaciation in the southern hemisphere at the end of the last glacial, approximately 16,500-13,000 years ago. The reconstruction of environmental Parameters indicates only small changes in the position of the frontal Systems in the eastern sector of the Antarctic Circumpolar Current during the last 140,000 years. The average position of the Subtropical Front and Subantarctic Front shifted approximately three latitudes between interglacials and glacials. The Antarctic Polar Front shifted approximately four latitudes. But substantial modifications of this scenario have been interpreted for the reconstruction of cold sea-surface temperatures at 41Â S during the oxygen isotope stages 16 and 14 to 12. During these times the Subtropical Front was probably shified up to seven latitudes northwards.

Sedimentologic and magnetic data of sediment cores on the western slope of the Mid-Atlantic Ridge

The relative paleointensity (RPI) method assumes that the intensity of post depositional remanent magnetization (PDRM) depends exclusively on the magnetic field strength and the concentration of the magnetic carriers. Sedimentary remanence is regarded as an equilibrium state between aligning geomagnetic and randomizing interparticle forces. Just how strong these mechanical and electrostatic forces are, depends on many petrophysical factors related to mineralogy, particle size and shape of the matrix constituents. We therefore test the hypothesis that variations in sediment lithology modulate RPI records. For 90 selected Late Quaternary sediment samples from the subtropical and subantarctic South Atlantic Ocean a combined paleomagnetic and sedimentological dataset was established. Misleading alterations of the magnetic mineral fraction were detected by a routine Fe/kappa test (Funk, J., von Dobeneck, T., Reitz, A., 2004. Integrated rock magnetic and geochemical quantification of redoxomorphic iron mineral diagenesis in Late Quaternary sediments from the Equatorial Atlantic. In: Wefer, G., Mulitza, S., Ratmeyer, V. (Eds.), The South Atlantic in the Late Quaternary: reconstruction of material budgets and current systems. Springer-Verlag, Berlin/Heidelberg/New York/Tokyo, pp. 239-262). Samples with any indication of suboxic magnetite dissolution were excluded from the dataset. The parameters under study include carbonate, opal and terrigenous content, grain size distribution and clay mineral composition. Their bi- and multivariate correlations with the RPI signal were statistically investigated using standard techniques and criteria. While several of the parameters did not yield significant results, clay grain size and chlorite correlate weakly and opal, illite and kaolinite correlate moderately to the NRM/ARM signal used here as a RPI measure. The most influential single sedimentological factor is the kaolinite/illite ratio with a Pearson's coefficient of 0.51 and 99.9% significance. A three-member regression model suggests that matrix effects can make up over 50% of the observed RPI dynamics.