Impact of Supply Chain Strategies on Performance

Impact of Supply Chain Strategies on Performance Introduction The concept of Supply Chain Management (SCM), introduced to address the issue of integration of organizational functions ranging from the ordering and receipt of raw materials through the manufacturing processes to the distribution and delivery of products to customers with a view to enable organizations to achieve higher quality in products and customer service and to lower inventory cost, has attracted considerable managerial attention in recent times mainly because of its huge potential competitive impact (Stevens, 1989). Experience, however, demonstrates that managers adopt a variety of disparate approaches to SCM implementation. In this context, design of an effective supply chain network has become a crucial issue for any company to survive in a fiercely competitive market. The SCM concerns with issues and characteristic features of several interrelated factors and activities of an organization, such as demand forecasting, procurement, manufacturing, distribution, inventory, tr ansportation, and customer service, and the resulting integrated approach is extended to customers and suppliers (Christopher, 1992). Considering the implications of all these aspects, a number of issues in SCM have assumed importance in the context of prevailing industrial scenario in India in order to make SCM more effective. Numerous papers have been published in the literature advocating the principles and the benefits of SCM [Beesley (1997), Lurquin (1996), Mason-Jones and Towill (1998), and Towill (1996)]. Many case studies have also been published evidencing the benefits of SCM [Arntzen, et al., (1995), Calza and Passaro (1997), and Lee and Billington (1995)]. There are several studies on SCM practices in different countries reported in the literature [Gilmour et al. (1995), Handfield and Withers (1993), Cilliers and Nagel (1994), McMullan (1996), Cox (1999)], and it is felt that an effort on design and development of SCM practices including issues, such as IT application, performance measures used, and barriers of SCM implementation is very much needed in India. On reviewing the existing SCM literature, several major weaknesses in the conceptualization and modeling of SCM are found. In particular, the SCM construct is perceived as an extension of integrated purchasing and supply management, or integrated logistics and transportation management. It appears that a coherent view on SCM concept has yet to develop in the existing literature, and it makes a prerequisite to conduct a survey on the important issues of SCM before a comprehensive methodology for supply chain performance measurement and evaluation system for the Indian Tyre manufacturing industries is prescribed. This paper reports the details of a questionnaire-based survey to study the status and scope of SCM practices in Indian Tyre manufacturing companies and also provides a brief overview of the similar surveys on SCM already undertaken in different industries. Objectives of the Survey The primary objective of the survey is to explore and understand, in quantitative terms wherever possible, the issues in SCM practices and concerns of the Tyre manufacturing industries in India. In specific terms, the objectives are related to the following aspects: †¢ Present status and scope of SCM practices; †¢ Role of Information Technology (IT) in SCM; †¢ Performance measures used in SCM, †¢ Benefits of employing SCM practices; and †¢ Specific issues hindering SCM practices. It is assumed that addressing the above-mentioned issues, as all of them are related to SCM strategies and practical constraints, would lead to understanding the status and scope of SCM practices in Indian Tyre manufacturing industries. Presently, the majority of the Indian companies have a weak alignment of supply chain strategy with business strategy. This is primarily so because the companies are rigidly structured along functional lines with department-specific performance measures. Survey Methodology A survey instrument, in the form of a questionnaire, is used in order to fulfill the objectives as mentioned. The questionnaire designed for the survey, will be conducted during December, 2010, for nearly 18 companies covering Tyre manufacturing industry in various regions of the country. Various lists of manufacturing companies, Internet websites of the companies, and personal contacts were the main sources for obtaining information about the companies and creating a database. The companies were selected randomly from the database. Although the survey will be conducted for a specific time period, the issues considered remain highly relevant for understanding the operating principles, norms, problems, and implementation aspects of SCM practices in the Indian Tyre manufacturing companies. The questionnaire is designed to know about the responding companies, their main objectives of employing SCM, positions of companies in the supply chain for their primary products, and views of the respondents on the principles of effective SCM practices. The questionnaire was divided into two sections: Section A and Section B. Section A was designed for the companies which have already implemented the SCM concepts like information sharing with suppliers and customers, or have decided to implement SCM concepts in near future, contains questions pertaining to several important issues related to SCM practices, such as a companys role in servicing customers needs, its role as a customer to its suppliers, the role of IT in SCM, the performance measures used in supply chain performance evaluation, and the activities or actions hindering SCM practices. Section B presents the items related to several types of barriers and government policies commonly found in implementing SCM practices in t he Indian Tyre manufacturing industries. A combination of checks, yes/no, `Likert scale, and multiple choice questions are framed against the issues as mentioned. The following specific tests will be employed on the data obtained: †¢ Two-Tailed Significance Test-this provides a level of significance for differences between two groups to a question requiring a response using a Likert scale. †¢ Bivariate Correlation (Pearson) Coefficient-this tests the relationships between responses to two different questions. The test provides a `p value indicating the strength of the relationship. A value of p=0 represents no relationship, and p= ±1 a strong relationship, and shows the significance level of the relationships. †¢ Reliability Analysis-In order to assess the homogeneity and inter-correlations of the factors used in an item, Cronbach alpha (a) [Cronbach (1951)], a measure of internal consistency often used in cases where participants respond to questions on a Likert scale The values of a lies in the range (0, 1). For the purpose of analysis, the survey responses are divided into three categories: Category 1: Questions that need ranking of alternatives (Likert-scale questions) The importance of the alternatives under each issue is established based on the values of statistics obtained. Category 2: Questions requiring degree of agreement (multiple choice questions) For the questions requiring degree of agreement, Specific issues such as main objectives of SCM, principles of effective SCM practices, integration of divisional areas in the supply chains, information communication tools with suppliers and customers, area of IT applications, and barriers of SCM implementation are included in this category. The percent responses of all the alternatives under each issue are computed and the rankings of the alternatives are done based on the percent responses resulting in identifying the important alternatives. Category 3: Yes/No type questions For this category, two yes/no type close-ended questions have been framed against different issues. The percent responses of `Yes/No is computed against each issue, which provide the general views of the respondents on a particular issue. Company Details Apollo Tyres Ltd Shanmugham Road Cochin, KL 682031 Phone : +91-0484-2381902/2381903/ 2380720/ 2372767/ 2363760 Birla Tyres Syed Amir Ali Avenue Kolkata, WB 700019     Email :  [emailprotected]  Phone : +91-33-22814516 Ceat Tyres Ceat Tyres. D 6/5, SMB ENGINEERS, TTC INUSTRIAL AREA MIDC TURBHE NAVI MUMBAI, MH 400705 Phone : +91-22-27622079 Elgitread (India) Ltd Elgitread (India) Ltd 2000 Trichy Road Coimbatore, TN 641005 Email :  [emailprotected]  Phone : +91-422- 4321000 Falcon Tyres Ltd Falcon Tyres Ltd K. R. S. Road Metagalli Mysore, KK 570 016 Email :  [emailprotected]  Phone : +91-821-2582453/ 2582055/ 2582041 Govind Rubber Limited Govind Rubber Limited G -15,Creative Industrial Estate,Sitaram Mill Compound,72-N. M. Joshi Marg Lower Parel Mumbai, MH 400 011 Email :  [emailprotected]  Phone : +91-22-2309 5641/1784 / 309 21124 / 309 21126 JK Tyres JK Tyres 3 Bahadurshah Zafar Marg New Delhi, DH 110002 Phone : +91-11-23311112/7 Malhotra Rubbers Limited Malhotra Rubbers Limited D-4, Sector 11 Noida, UP 201301 Email :  [emailprotected],[emailprotected],[emailprotected]  Phone : +91-120-2543028/2543029/2553724 Metro Tyres Metro Tyres Metro House, 134/4, 135/5 Zamrudpur Kailash Colony New Delhi, DH 110 048 Email :  [emailprotected],[emailprotected]  Phone : +91-11-6219097/98 Modi Rubber Modi Tyres Company Pvt. Limited. NH-58, Meerut Roorkee Road Modipuram 250110 MEERUT (Uttar Pradesh) MRF Tyres MRF LIMITED KOTTAYAM MANUFACTURING UNITS  P.B.No.2, Vadavathoor P.O., Kottayam, Kerala 686 010 Tel: 0481-2570461 (12 Lines) DID: 2575196/97/98, Royal Tyres Royal Tyres C-11 Mugappair Industrial Estate(East) Chennai, TN 600037 Email :  [emailprotected]        Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Ã‚     Phone : +91-44-26565643/42690079/42690089 TVS Srichakra Ltd TVS Building 7-B West Veli Street Madurai, 625001 India +91-45-2420461 (Phone) Questionnaire for The Impact of Supply Chain Strategies on the Performance of Indian Tyre Manufacturing Companies Part 1 Company Profile 1. Name of Company 2. Address 3. Country 4. Tel 5. Fax 6. Website 7. Contact person: 9. E-mail: 8. Position in company: No of employees: [______] Turnover 2009 : [_________________] Part 2 Theme 1 How do you manage your supply chain? Tick all that apply 1 Close partnership with suppliers 2 Close partnership with customers 3 JIT supply 4 e-procurement 5 EDI 6 Outsourcing 7 Subcontracting 8 3PL 9 Plan strategically 10 Supply Chain Benchmarking 11 Vertical integration 12 Few suppliers 13 Many suppliers 14 Holding safety stock 15 Use of external consultants 16 Other, please specify How successful do you think is your company in managing its supply chain in general? Not successful at all Not successful Somewhat successful Successful Very successful 1 2 3 4 5 Which of the following you think that your company needs to do in order to manage its supply chain better? Tick all that apply. Improve Start Implementing Satisfied already Not appropriate Close partnership with suppliers Close partnership with customers JIT supply e-procurement EDI Outsourcing Subcontracting 3PL Plan strategically Supply Chain Benchmarking Vertical integration Few suppliers Many suppliers Holding safety stock Use of external consultants Other (specify) Does your company have a clear logistics strategic plan? YES NO Part 3 Theme 2 What types of systems are currently in use in your company to support Supply Chain Management? Custom-made Standard package Not in use Material Requirements Planning (MRP) Manufacturing Resources Planning (MRPII) Enterprise Resource Planning (ERP) Warehouse Management System (WMS) Supply Chain Management (SCM) Customer Relationships Management (CRM) Supplier Relationships Management (SRM) Advanced Planning System (APS) Just In Time (JIT) Other (specify) How much did you actually benefit from using these systems? Not at all Little Average Greatly A lot Dont know (1) (2) (3) (4) (5) Better quality of information Better quantity of information Flexibility Reduced lead-time in production Cost saving Forecasting Resource planning Better operational efficiency Reduced inventory level More accurate costing Increased coordination between departments Increased coordination with suppliers Increased coordination with customers Increased sales Better quality of information Better quantity of information Flexibility In what level your company is facing the problems below when using SCM systems? No problem at all Little problem Some problem Significant problem Serious problem Dont know (1) (2) (3) (4) (5) Resistance to change from employees Insufficient vendor support Hidden cost Integration with existing system Integration with suppliers system Integration with customers system Other (specify) What types of systems do you plan to implement in the near future (within the next 2 years)? Custom-made Standard package Not going to implement E-commerce E-business Decision support / expert system Radio Frequency Identification (RFID) Bar coding Other (specify) Part 4 Theme 3 19 How satisfied are you with the current public policy regarding SCM and IT? Not at all Somewhat Satisfied Quite satisfied Very satisfied 1 2 3 4 5 How important are the following future measures for supporting your company effort in SCM and IT? Not at all somewhat important important quite important very important (1) (2) (3) (4) (5) More education, e.g. formal qualification More funding and financial support Better infrastructure e.g. telecommunications, road, etc Improved information provision Increased regional cooperation between institutions, e.g. chamber of commerce Closer cooperation between companies and governments Other (specify)

George Zimmerman Essay

There is a continuing racial divide in this country and the Trayvon Martin case illustrates it. I say this because here are the facts in this particular case, George Zimmerman, a 28-year-old white man shot and killed Trayvon Martin an unarmed 16-year-old black boy, after buying a bag of Skittles and a iced tea from a local 7-Eleven store as he was returning to his father’s girlfriend’s apartment inside their gated community. Trayvon Martin was an unarmed, 16-year-old who was killed by a neighborhood watch member as he walked to his father’s home in a gated community. George Zimmerman, the man who admitted to shooting and killing him, was not initially arrested or charged. After nearly 6 weeks and considerable public outcry, prosecutors charged Zimmerman with second-degree murder in the case, which has become a flashpoint in the conversations about racial profiling and gun laws. February 26, 2012, a 17-year-old African-American named Trayvon Martin was shot and killed As he returned from a local 7-Eleven after buying a bag of Skittles and iced tea. by was George Zimmerman, a 28-year-old white man. The shooter admits killing Martin, but claims he was acting in self-defense. After that he was then spotted by Zimmerman while returning to his father’s girlfriend’s apartment inside their gated community when Zimmerman called 911, explaining that Trayvon, who was wearing a hoodie at the time, a pair of blue jeans, and red/white sneakers, looked suspicious. Zimmerman then pursued Trayvon even after he was told not to by the 911 dispatcher. When Zimmerman approached Trayvon, the two got into a scuffle, resulting in Trayvon taking a bullet to the chest at point blank range. Here is what everyone should know about the case: 1.  Zimmerman called the police to report Martin’s â€Å"suspicious† behavior, which he described as â€Å"just walking around looking about. † Zimmerman was in his car when he saw Martin walking on the street. He called the police and said: â€Å"There’s a real suspicious guy. This guy looks like he’s up to no good, on drugs or something. It’s raining and he’s just walking around looking about†¦ These a**holes always get away† 2. Zimmerman pursued Martin against the explicit instructions of the police dispatcher: Dispatcher: â€Å"Are you following him? † Zimmerman: â€Å"Yeah†Ã‚  Dispatcher: â€Å"OK, we don’t need you to do that. † 3. Prior to the release of the 911 tapes, Zimmerman’s father released a statement claiming â€Å"[a]t no time did George follow or confront Mr. Martin. † 4. Zimmerman was carrying a 9 millimeter handgun. Martin was carrying a bag of Skittles and a ca n of iced tea. 5. Martin weighed 140 pounds. Zimmerman weighs 250 pounds. 6. Martin’s English teacher described him as â€Å"as an A and B student who majored in cheerfulness. † 7. Martin had no criminal record. 8. Zimmerman â€Å"was charged in July 2005 with resisting arrest with violence and battery on an officer. The charges appear to have been dropped. † [Huffington Post] 9. Zimmerman called the police 46 times since Jan. 1, 2011. [Miami Herald] 10. According to neighbors, Zimmerman was â€Å"fixated on crime and focused on young, black males. † [Miami Herald] 11. Zimmerman â€Å"had been the subject of complaints by neighbors in his gated community for aggressive tactics† [Huffington Post] 12. A police officer â€Å"corrected† a key witness. â€Å"The officer told the witness, a long-time teacher, it was Zimmerman who cried for help, said the witness. ABC News has spoken to the teacher and she confirmed that the officer corrected her when she said she heard the teenager shout for help. † [ABC News] 13. Three witnesses say they heard a boy cry for help before a shot was fired. â€Å"Three witnesses contacted by The Miami Herald say they saw or heard the moments before and after the Miami Gardens teenager’s killing. All three said they heard the last howl for help from a despondent boy. † [Miami Herald] 14. The officer in charge of the crime scene also received criticism in 2010 when he initially failed to arrest a lieutenant’s son who was videotaped attacking a homeless black man. New York Times] 15. The police did not test Zimmerman for drugs or alcohol. A law enforcement expert told ABC that Zimmerman sounds intoxicated on the 911 tapes. Drug and alcohol testing is â€Å"standard procedure in most homicide investigations. † [ABC News] The Martin case had been turned over to the Seminole County State Attorney’s Office. Martin’s family has asked for the FBI to investigate. The â€Å"Stand your ground† law is covered in Florida, by Florida Statute 776. 032 â€Å"Immunity from criminal prosecution and civil action for justifiable use of force. This law states: (1) A person who uses force as permitted in s. 776. 012, s. 776. 013, or s. 776. 031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943. 10(14), who was acting in the performance of his or her official duties and the officer identifi ed himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term â€Å"criminal prosecution† includes arresting, detaining in custody, and charging or prosecuting the defendant. To further understand this law, we must examine the permitted circumstances provided under Florida Statutes 776. 012, 776. 013, and 776. 031. Florida Statute 776. 012 â€Å"Use of force in defense of person† states: A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776. 013. Florida Statute 776. 013 mostly provides circumstances related to residential settings, acts during burglaries, suspected burglaries, and the likes except section (3) of the Florida Statute. Florida Statue 776. 13 section (3) states â€Å"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. † What these Statutes ultimately provide for George Zimmerman is immunity from prosecution for using deadly force. To further explain, we must first depict the specifics and lack thereof contained in these statutes. George Zimmerman claims that he was following Trayvon, lost sight of him and was returning to his vehicle. During the process of returning to his vehicle, Trayvon snuck up behind him, punched him in the face, knocked him to the ground and beat his head to the ground. What the media claims happened, is that Zimmerman chased down Trayvon, attacked him, and shot him due to racial profiling. Now, we must examine the applicability of the â€Å"Stand your Ground† Law in Florida. This law both covers some areas of law and ignores others. For example, both claims regarding how the altercation was initiated- whether Zimmerman chased after Trayvon or Trayvon came up to Zimmerman are inapplicable. Under the Florida statute, neither case really matters. Why? Because under Florida Statute 776. 013 provides both individuals immunity for being at the location. Whether either or was following the other does not matter because both individuals had a right to be there. What puzzles most individuals and has turned into a media circus of â€Å"Arrest Him† is the fact that no one really knows who attacked who first. According to reports from Robert Zimmerman; both Sr. and Jr. , father and brother of George Zimmerman, Trayvon struck George first. Neither man was at the scene when the attack took place, so both were simply relaying information provided by George. If this stands true that George Zimmerman was attacked by Trayvon Martin, the two wrestled on the ground, and George Zimmerman ultimately ended up shooting him, this law protects Zimmerman. Now, what the majority of Americans believe is that George Zimmerman â€Å"stalked† Trayvon Martin. So, we shall apply the Florida Statute for Stalking into this story in order to determine whether or not George Zimmerman was indeed stalking Trayvon Martin. The crime of â€Å"Stalking† is covered under Florida Statute 784. 048 â€Å"Stalking; definitions; penalties. † I want to you to recognize this term, used commonly throughout this statute. â€Å"Course of Conduct. † Under Florida Statute 784. 48 section (b) â€Å"Course of Conduct† is defined as a pattern of conduct composed of a series of acts over a period of time. Now through this, we can see that this claim of â€Å"stalking† because George Zimmerman is believed to have followed Trayvon does not apply as a â€Å"series of acts† but we shall further analyze what stalking is, with â€Å"course of conduct† applied in the statute. Stalking is defined under Florida Statute 784. 048 section (2) as â€Å"Any person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits the ffense of stalking, a misdemeanor of the first degree. † Now through this, we can clearly see that â€Å"stalking† is not the applicable term that applies to George Zimmerman, thus the act, if at may have been, of â€Å"following Trayvon† is not, by any Florida Statute, an illegal act. Because George Zimmerman was not stalking Trayvon Martin, does this mean George Zimmerman is innocent? There is no guarantee that George Zimmerman is innocent. Following someone may be viewed as â€Å"wrong,â₠¬  but by means of legality, it is not a legal act. Ultimately, this will come down to two things. Who struck who first, and; if Trayvon struck Zimmerman first, if he truly did fear for his life. This is not something we as Americans have the ability to determine. We have not seen any release of a medical record, but yet everyone says George Zimmerman is guilty and needs to be punished. So, if applicable, this law demonstrates that George Zimmerman was not in the wrong for following Trayvon and ultimately if it is a crime it is to be determined by who hit first and if there was a reasonable fear to justify the killing.

The Blue Sword CHAPTER SEVEN

She woke at once when the man of the household pushed the curtains back from her sleeping-place and set a candle on the low bronze-top table beside her pillows. She stood up, stretched, creaked, sighed; and then changed quickly into her riding clothes and gulped the malak set beside the candle. Narknon protested all this activity with a sleepy grumble; then rewove herself into the tousled blankets and went back to sleep. Harry went outside and found Mathin's dark bay and her own Sungold there already. Tsornin turned his head and sighed at her. â€Å"I couldn't agree more,† she whispered to him, and he took the shoulder of her robe gently in his teeth. Mathin appeared out of the darkness and a pack horse followed him. He nodded at her, and they mounted and rode toward the Hills that reared up so close to the camp, although she could not see them now. As the sky paled she found that they had already climbed into the lower undulations of those Hills, and the camp they had left was lost to view. The horses' hooves made a sterner thunk now as they struck the earth of the Hills. She breathed in and smelled trees, and her heart rose up, despite her fears, to greet the adventure she rode into. They rode all that day, pausing only to eat and pull the saddles off the horses for a few minutes and rub their backs dry. Harry had to find a rock to crawl up on before she could get back on her horse, far from the conveniences of brown-clad men who knelt and offered her their cupped hands, and Sungold obviously thought this ritual of his rider calling him over to her as she perched atop some rock pile before she mounted him very curious. Mathin said, â€Å"This is the first thing I will teach you. Watch.† He put a hand at each edge of the saddle, and flung himself up and into it, moving his right hand, on the back of the saddle, gracefully out of his way as soon as he had made the initial spring. â€Å"I can't do that,† said Harry. â€Å"You will,† said Mathin. â€Å"Try.† Harry tried. She tried several times, till Sungold's ears lay flat back and his tail clamped between his hind legs; then Mathin let her find a small rock that raised her only a few inches, and made her try again. Sungold was reluctant to be called to her and put through the whole uncomfortable process again; but he did come, and braced his feet, and Harry did get into the saddle. â€Å"Soon you will be able to do this from the ground,† said Mathin. And this is only the beginning, Harry thought miserably. Her wrists and shoulders ached. Sungold held no grudges, at least; as soon as she was on him again his ears came up and he took a few little dance steps. They rode always uphill, till Harry's legs were sore from holding herself forward in the saddle against the downward pull. Mathin did not speak, except to force her to practice the saddle-vaults at each halt; and she was content with silence. The country they were crossing was full of new things for her, and she looked at them all closely: the red-veined grey rock that thrust up beneath the patches of turf; the colors of the grass, from a pale yellow-green to a dark green that was almost purple, and the shape of the blades: the near-purple grass, if grass it was, had broad roots and narrow rounded tips; but the pack horse snatched at it like grass. The riding-horses were much too well mannered to do anything but eye it, even after so many days of the dry desert fare. Little pink-and-white flowers, like Lady Amelia's pimchie but with more petals, burst out of rocky crevasses; and little stripy brown birds like sparrows chirped and hopped and whisked over the horses' heads. Mathin turned in his saddle occasionally to look at her, and his old heart warmed at the sight of her, looking around her with open pleasure in her new world. He thought that Corlath's kelar had not told him so ill a thing as he had first thought when Corlath told his Riders his plan to go back to the Outlander station to steal a girl. They camped at the high narrow end of a small cup of valley; Mathin, Harry thought, knew the place from before. There was a spring welling from the ground where they set the tents, two tiny ones called tari, so low that Harry went into hers on her hands and knees. At the lower, wider end of the valley the spring flattened out and became a pool. The horses were rubbed down thoroughly and fed some grain, and freed. Mathin said, â€Å"Sometimes it is necessary, away from home and in a small camp, to tether our horses, for horses are more content in a herd; but Sungold is your horse now and will not leave you, and Windrider and I have been together for many years. And Viki, the pack horse, will stay with his friends; for even a small herd is better than solitude.† Mathin made dinner after the horses were tended, but Harry lingered, brushing Sungold's mane and tail long after anything resembling a tangle still existed. For all her weariness, she was glad to care for her horse herself, glad that there was no brown man of the horse to take that pleasure away from her. Perhaps she would even learn to jump into the saddle like Mathin. After a time she left her horse in peace and, having nothing better to do, hesitantly approached Windrider with her brush. The mare raised her head in mild surprise when Harry began on the long mane over her withers, as she didn't need the attention any more than Sungold had, but she did not object. When Mathin held out a loaded plate in her direction, however, Harry dropped the brush and came at once. She ate what Mathin gave her, and was asleep as soon as she lay down. She woke in the night as an unexpected but familiar weight settled on her feet. Narknon raised her head and began her heavy purr when Harry stirred. â€Å"What are you doing here?† said Harry. â€Å"You weren't invited, and there is someone in Corlath's camp who will not be at all pleased at your absence when the hunts ride out.† Narknon, still purring, made her boneless feline way up the length of Harry's leg, and reached out her big hunter's head, opened her mouth so that the gleaming finger-length fangs showed, and bit Harry, very gently, on the chin. The purr, at this distance, made Harry's brain clatter inside her skull, and the delicate prickle of the teeth made her eyes water. Mathin sat up when he heard Harry's voice. Narknon's tail stretched out from the open end of the tent, the tip of it curling up and down tranquilly. Harry, in disbelief, heard Mathin laugh: she hadn't known Mathin could laugh. â€Å"They will guess where she has gone, Harimad-sol. Do not trouble yourself. The nights are cold and will grow colder here; you may be grateful for your bedmate before we leave this place. It is a pity that neither of us has the skill to hunt her; she could be useful. Go to sleep. You will find tomorrow a very long day.† Harry lay down, smiling in the dark, at Mathin's courtesy: â€Å"Neither of us has the skill to hunt her.† The thought of her lessons with this man – particularly now that she knew he could laugh – seemed a trifle less ominous. She fell asleep with a lighter heart; and Narknon, emboldened by the informality of the little campsite and the tiny tent, stretched to her full length beside her preferred person and slept with her head under Harry's chin. Harry woke at dawn, as though it were inevitable that she awake just then. The idea of rolling out so soon did not appeal to her in the least, rationally, but her body was on its feet and her muscles flexing themselves before she could protest. The entire six weeks she spent in that valley were much in that tone: there was something that in some fashion took her over, or seized the part of her she always had thought of as most individually hers. She did not think, she acted; and her arms and legs did things her mind only vaguely understood. It was a very queer experience for her, for she was accustomed to thinking exhaustively about everything. She was fascinated by her own agility; but at the same time it refused to seem quite hers. Lady Aerin was guiding her, perhaps; for Harry wasn't guiding herself. Mathin was also, she found out, spiking their food with something. He had a small packet, full of smaller packets, rolled in with the cooking-gear. Most of these packets were harmless herbs and spices; Harry recognized a few by taste, if not by name. The ones new to her since her first taste of Hill cooking she asked about, as Mathin rubbed them between his fingers before dropping them into the stew, and their odor rose up and filled her eyes and nostrils. She had begun asking as many questions about as many things as she could, as her wariness of Mathin as a forbidding stranger wore off and affection for him as an excellent if occasionally overbearing teacher took its place. And she learned that he was in a more mellow mood when he was cooking than at almost any other time. â€Å"Derth,† he might answer, when she asked about the tiny heap of green powder in his palm; â€Å"it grows on a low bush, and the leaves have four lobes,† or â€Å"Nimbing: it is the crushed dried berries of the plant that gives it its name.† But there was also a grey dust with a heavy indescribable smell; and when she asked about it, Mathin would look his most inscrutable and send her off to clean spotless tack or fetch unneeded water. The fourth or fifth time he did this she said flatly, â€Å"No. What is that stuff? My tack is wearing thin with cleanliness, Sungold and Windrider haven't a hair out of place, the tents are secure against anything but avalanche, and you won't use any more water. What is that stuff?† Mathin wiped his hands carefully and rolled the little packages all together again. â€Å"It is called sorgunal. It †¦ makes one more alert.† Harry considered this. â€Å"You mean it's a – † Her Hill speech deserted her, and she used the Homelander word: â€Å"drug.† â€Å"I do not know drug,† said Mathin calmly. â€Å"It is a stimulant, yes; it is dangerous, yes; but – † here the almost invisible glint of humor Harry had learned to detect in her mentor's square face lit a tiny flame behind his eyes – â€Å"I do know what I am doing. I am your teacher, and I tell you to eat and be still.† Harry accepted her plateful and was not noticeably slower than usual in beginning to work her way through it. â€Å"How long,† she said between mouthfuls, â€Å"can one use this †¦ stimulant?† â€Å"Many weeks,† said Mathin, â€Å"but after the trials you will want much sleep. You will have time for it then.† The fact that neither Harry nor Mathin could hunt Narknon did not distress Narknon at all. Every day when lessons were through, and Harry and Mathin and the horses returned to the campsite, tired and dirty and at least in Harry's case sore, Narknon would be there, stretched out before the fire pit, with the day's offering – a hare, or two or three fleeks which looked like pheasant but tasted like duck, or even a small deer. In return Narknon had Harry's porridge in the mornings. â€Å"I did not bring enough to feed three for six weeks,† Mathin said the third morning when Harry set her two-thirds-full bowl down for Narknon to finish. â€Å"I'd rather eat leftover fleek,† said Harry, and did. Harry learned to handle her sword, and then to carry the light round shield the Hillfolk used; then to be resigned, if not entirely comfortable, in the short chain-stiffened leather vest and leggings Mathin produced for her. As long as there was daylight she was put, or driven, through her steadily – alarmingly – improving paces: it was indeed, she thought, as if something had awakened in her blood; but she no longer thought of it, or told herself she did not think of it, as a disease. But she could not avoid noticing the sensation – not of lessons learned for the first time, but like old skills set aside and now, in need, picked up again. She never learned to love her sword, to cherish it as the heroes of her childhood's novels had cherished theirs; but she learned to understand it. She also learned to vault into the saddle, and Sungold no longer put his ears back when she did it. In the evenings, by firelight, Mathin taught her to sew. He showed her how to adapt the golden saddle till it fit her exactly; how to arrange the hooks and straps so that bundles would ride perfectly, her sword would come easily to her hand, and her helm would not bang against her knee when she was not wearing it. As she grew quicker and cleverer at her lessons, Mathin led her over more of the Hills around their camp in the small valley. She learned to cope, first on foot and then on horseback, with the widest variety of terrain available: flat rock, crumbling shale, and small sliding avalanches of pebbles and sand; grass and scree and even forest, where one had to worry about the indifferent blows of branches as well as the specific blows of one's opponent. She and Mathin descended to the desert again briefly, and dodged about each other there. That was at the end of the fourth week. From the trees and stones and the running stream, she recognized where the king's camp had stood, but its human visitors were long gone. And it was there on the grey sand with Tsornin leaping and swerving under her that an odd thing happened. Mathin always pressed her as hard as she could defend herself; he was so steady and methodical about it that at first she had not realized she was improving. His voice was always calm, loud enough for her to hear easily even when they were bashing at each other, but no louder; and she found herself responding calmly, as if warfare were a new parlor game. She knew he was a fine horseman and swordsman, and that no one was a Rider who was not magnificently skillful at both; and that he was training her. Most of the time, these weeks, she felt confused; when her mind was clearer, she felt honored if rueful; but now, wheeling and parrying and being allowed the occasional thrust or heavy flat blow, she found that she was growing angry. This anger rose in her slowly at first, faintly, and then with a roar; and she was, despite it or around it, as puzzled by it as by everything else that had happened to her since her involuntary departure from the Residency. It felt like anger, red anger, an d it felt dangerous, and it was far worse than anything she was used to. It seemed to have nothing to do with losing her temper, with being specifically upset about anything; she didn't understand its origin or its purpose, and even as her temples hurt with it she felt disassociated from it. But her breath came a little quicker and then her arm was a little quicker; and she felt Tsornin's delight in her speed, and she spared a moment, even with the din in her ears rising to a terrible headache, to observe wryly that Sungold was a first-class horse with a far from first-class rider. Mathin's usual set grin of concentration and, she had thought recently, pride flickered a bit at her flash of attack; and he lifted his eyes briefly to her face, and even as sword met sword he †¦ faltered. Without thinking, for this was what she was training for, she pressed forward; and Windrider stumbled, and Sungold slammed into her, shoulder to shoulder, and her blade hit Mathin's hilt to hilt, and to her own horror, she gave a heave and dumped him out of the saddle. His shield clanged on a rock and flipped front down, so it teetered foolishly like a dropped plate. The horses lurched apart and she gazed down, appalled, at Mathin sitting in a cloud of dust, looking as surprised as she felt. The grin had disappeared for a moment – quite understandably, she thought – but by the time he had gotten to his feet and she had slid down from Sungold's back and anxiously approached him, it had returned. She tried a wavering smile back at him, standing clumsily with her sword twisted behind her as if she'd rather not be reminded of its presence; and Mathin switched his dusty sword from his right hand to his left and came to her and seized her shoulder. He was half a head shorter than she was, and had to look up into her eyes. His grip was so hard that her mail pinched her shoulder, but she did not notice, for Mathin said to her: â€Å"My honor is yours, lady, to do with what you will. I have not been given a fall such as that in ten years, and that was by Corlath himself. I'm proud to have had the teaching of you – and, lady, I am not the least of the Riders.† The anger had left her completely, and she felt dry and cold and empty, but then as her eyes unwillingly met Mathin's she saw a sparkle of friendship there, not merely the objective satisfaction of a teacher with a prize pupil: and this warmed her more kindly than the anger had done. For here in the Hills, she, an Outlander woman, had a friend: and he was not the least of the Riders. Lessons continued after that, but they were faster and more furious, and the light in Mathin's face never faded, but it had changed from the sturdy concentration of a teacher to the eager enthusiasm of a man who has found a challenge. The heat and strength they expended required now that they stop to rest at midday, when the sun was at its height, even though the Hills were much cooler than the central desert had been. Tsornin would never admit to being tired, and watched Harry closely at all times, in case he might miss something. He took her lessons afoot very badly, and would lace back his ears and stamp, and circle her and Mathin till they had to yell at him to go away. But during the last ten days he was content to stand in the shade, head down and one hind leg slack, at noontime, while she stretched out beside him. One day she said, â€Å"Mathin, will you not tell me something of how the horses are trained?† They were having their noon halt, and Sungold was snuffling over her, for she often fed him interesting bits of her lunch. â€Å"My family raises horses,† said Mathin. He was lying on his back, with his hands crossed on his chest, and his eyes were shut. For several breaths he said nothing further, and Harry wanted to shout with impatience, but she had learned that such behavior would shut Mathin up for good, while if she bit her tongue and sat still, hugging her irritability quietly, he would sometimes tell her more. He told her more this time: how his father and three older brothers bred and raised and trained some of Damar's finest riding-horses. â€Å"When I was your age,† he said bleakly, â€Å"the best horses were taught the movements of war for the fineness of control necessary in both horse and rider; not for the likelihood that they should ever see battle. â€Å"My father trained Fireheart. He is very old now, and trains no more horses, but he still carries all our bloodlines in his head, and decides which stallions should be bred to which mares.† He paused, and Harry thought that was all; but he added slowly, â€Å"My daughter trained Sungold.† There was a long silence. Then Harry asked: â€Å"Why did you not stay and train horses too?† Mathin opened his eyes. â€Å"It seemed to me that a father, three brothers and their families, a wife, daughter, and two sons were enough of one family to be doing the same thing. I have trained many horses. I go home †¦ sometimes, so that my wife does not forget my face; but I have always wished to wander. As a Rider, one wanders †¦ It is also possible that I was not quite good enough. None of the rest of my family has ever wished to leave what they do, even for a day. I am the only one of us for generations who has ridden to the laprun trials to win my sword.† Harry said, â€Å"Why is it that you are my teacher? Were you – Did Corlath order you?† Mathin closed his eyes again and smiled. â€Å"No. On the day after you drank Meeldtar and saw the battle in the mountains, I spoke to Corlath, for I knew by your Seeing that you would be trained for battle. It might have been Forloy, who is the only one of us who speaks your Outlander tongue, or Innath, who is the best horseman of us; but I am older, and more patient perhaps – and I trained the young Corlath, once, when I was Rider to his father.† Forloy, thought Harry. Then it was Forloy. â€Å"Mathin – † she began, and her voice was unhappy. She was staring at the ground, plucking bits of purple grass and shredding them, and did not notice that Mathin turned to look at her when he heard the unhappiness. She had not sounded so for weeks now, and he was pleased that this should be so. â€Å"Why – why did Forloy never speak to me, before I – before you began to teach me to speak your tongue? Does he hate Outlanders so much? Why does he know the – my – language at all?† Mathin was silent as he considered what he could tell his new friend without betraying his old. â€Å"Do not judge Forloy – or yourself – too harshly. When he was your age, and before he was a Rider, Forloy fell in love with a woman he met at the spring Fair in Ihistan. She had been born and raised in the south, and gone into service to an Outlander family there; and when they were sent to Ihistan, she went with them. The second year, the next Fair, he returned, and she agreed to go to the Hills with him. She loved Forloy, I think; she tried to love his land for his sake, but she could not. She taught him Outlander speech, that she might remember her life there by saying the words. She would not leave him, for she had pledged herself to live in the Hills with him; but she died after only a few years. Forloy remembers her language for her sake, but it does not make him love it.† He paused, watching her fingers; they relaxed, and the purple stems dropped to the ear th. â€Å"I do not believe he had spoken any words of it for many years; and Corlath would not have asked it of him for any less cause.† Corlath, Harry thought. He knows the story – of the young foreign woman who did not thrive when she was transplanted to Hill soil. And she was Darian born and bred, and went willingly. â€Å"And Corlath? Why does Corlath speak Outlander?† Mathin said thoughtfully, â€Å"Corlath believes in knowing his †¦ rivals. Or enemies. He can speak the Northern tongue as well, and read and write it, and Outlander, as well as our Hill tongue. There are few enough of us who can read and write our own language. I am not one of them. I would not wish to be a king.† There were only a few days left to run till the laprun trials. Mathin, between their more active lessons, taught her more of the Hill-speech; and each word he taught her seemed to awaken five more from where they slept in the back of a mind that was now, she had decided, sharing brain space and nerve endings with her own. She accepted it; it was useful; it permitted her to live in this land that she loved, even if she loved without reason; and she began to think it would enable her in her turn to be useful to this land. And it had won her a friend. She could not take pride in it, for it was not hers; but she was grateful to it, and hoped, if it were kelar or Aerin-sol's touch, that she might be permitted to keep it till she had won her right to stay. With the language lessons Mathin told her of the Hills they were in, and where the City lay from where their little valley sat; and he told her which wood burned best green, and how to find water when there seemed to be none; and how to get the last miles out of a foundered horse. And her lessons of war had strengthened her memory, or her ability to draw upon that other memory, for she remembered what he told her. And to her surprise, he also told her the names of all the wildflowers she saw, and which herbs could be made into teas and jams; and these things he spoke of with the mild expression on his face that she had seen only when he was bending over his cooking-fire; and even these things she learned. He also told her what leaves were best for stopping blood flowing, and three ways of starting a fire in the wilderness. He looked at her sidelong as he spoke about fire-making. â€Å"There's a fourth way, Hari,† he said. â€Å"Corlath may teach it to you someday.† There was some joke here that amused him. â€Å"Myself, I cannot.† Harry looked at him, as patiently as she could. She knew that to question him when he baited her like this would do her no good. Once, a day or two after Mathin's unexpected fall, she had let a bit more of her frustration show than she meant to, and Mathin had said, â€Å"Hari, my friend, there are many things I cannot tell you. Some I will tell you in time; some, others will tell you; some you may never know, or you may be the first to find their answers.† She had looked across their small fire at him, and over Narknon's head. They were both sitting cross-legged while the horses grazed comfortably not far away, so that the sound of their jaws could be heard despite the crackling fire. Mathin was rewiring a loose ring on his chain-encrusted vest. â€Å"Very well. I understand a little, perhaps.† Mathin gave a snort of laughter; she remembered how grim and silent she'd thought him, he in particular of all the king's Riders. â€Å"You understand a great deal, Harimad-sol. I do not envy the others when they see you again. Only Corlath truly expects what I will be bringing out of these Hills.† This conversation had made it a little easier for her when he slyly told her of things, like the fourth way of lighting fires, which he refused to explain. She didn't understand the reasons, but she was a bit more willing to accept that a reason existed. It surprised her how much he told her about himself, for she knew that he did not find it easy to talk of these things to her; but she understood too that it was his way of making up, a little, for what he felt he could not tell her. It also, as he must have intended, made her feel as if the Hillfolk were familiar to her; that her own past was not so very different from theirs; and she began to imagine what it would have been like to have grown up in these Hills, to have always called them home. One of the things Mathin would tell her little of was Aerin Dragon-Killer and the Blue Sword. He would refer to Damar's Golden Age, when Aerin was queen, but he would not tell her when it was, or even what made it golden. She did learn that Aerin had had a husband named Tor who had fought the Northerners, for the Northerners had been Damar's enemies since the beginning of time and the Hills, and every Damarian age had its tale of the conflict between them; and that King Tor was called the Just. â€Å"It sounds very dreary, being Just, when your wife kills dragons,† said Harry, and while Mathin permitted himself a smile, he was not to be drawn. She did pry something else out of him. â€Å"Mathin,† she said. â€Å"The Outlanders believe that the – the – kelar of the Hills can cause, oh, firearms not to fire, and cavalry charges to fall down instead of charging, and – things like that.† Mathin said nothing; he had marinated cut-up bits of Narknon's latest antelope in a sharp spicy sauce and was now frizzling them on two sticks over the low-burning fire. Harry sighed. Mathin looked up from his sticks, though his fingers continued to twist them slowly. â€Å"It is wise of the Outlanders to believe the truth,† he said. He dug one stick, butt-end, into the ground, and thrust his short knife into the first chunk of meat. He nibbled at it delicately, with the concentrated frown of the artist judging his own work. His face relaxed and he handed Harry the stick still in his other hand. But he spoke no more of kelar. Mathin took no more falls, and by the middle of the sixth week Harry felt she had forgotten her first lessons because they were so far in the past. She could not remember a time when the palm of her right hand did not bear stripes of callus from the sword hilt; when the heavy vest felt awkward and unfamiliar; nor a time when she had not ridden Tsornin every day. She did remember that she had been born in a far green country nothing like the kelar-haunted one she now found herself in; and that she had a brother named Richard whom she still called Dickie, to his profound dismay – or would, if he could hear her – and she remembered a Colonel Jack Dedham, who loved the Hills even as she did. A thought swam into her mind: perhaps we shall meet again, and serve Damar together. On the fourth day of the sixth week she said tentatively to Mathin: â€Å"I thought the City was over a day's journey from here.† â€Å"You thought rightly,† Mathin replied; â€Å"but there is no need of your presence on the first day of the trials.† She glanced at him, a little reassured, but rather more worried. â€Å"Do not fear, my friend and keeper of my honor,† said Mathin. â€Å"You will be as a bolt from the heavens, and Tsornin's flanks shall blind your enemies.† She laughed. â€Å"I look forward to it.† â€Å"You should look forward to it,† he said. â€Å"But I, who know what I will see, look forward to it even more.†

The capacity of the European Arrest Warrant - Free Essay Example

Sample details Pages: 11 Words: 3411 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Critical essay Did you like this example? Critically discuss the capacity of the European Arrest Warrant to diminish traditional values of legitimacy and due process in criminal justice. Introduction Judicial cooperation is regarded as one of the main focus of the European Union (EU) integration in criminal matters. In the past decade we have seen revolutionary introductions of new mechanisms in the field that have reformed EU criminal cooperation and have favourably developed the EU into an area of security, freedom and justice. Don’t waste time! Our writers will create an original "The capacity of the European Arrest Warrant" essay for you Create order The pioneer initiative in this area has been, without uncertainty, the principle of mutual recognition, which has been regarded as the cornerstone of the judicial cooperation, therefore being the main centrepiece of EU judicial cooperation in criminal matters. The adoption of the framework decision on the European arrest warrant (EAW) has signified a welcome of the first concrete measure in the field of EU criminal law in implementing the principle of mutual recognition. The EAW is (EAW) is an arrest warrant binding throughout all member states of the European Union (EU). When issued, it requires another member state to arrest and transfer a criminal suspect to the issuing state so that the individual can be put on trial or complete a detention period[1]. It has, to date been applied by all member states and has also had more than seven years of testing ground. In exploring the context and implication of the principle of mutual recognition in criminal matters on state values and traditions, this thesis will take the European arrest warrant as a case study. The hypothesis of this thesis is that the European arrest warrant, in theory and practice, challenges the essential functions and prerogatives of member states which are defining features of their state sovereignty. The discussion which follows is dedicated to exploring whether the European arrest warrant diminish traditional values of legitimacy and due process in criminal justice. To do so, it will focus on three axioms around the European arrest warrant; a) the removal of the bar to surrender of owns nationals[2], b) the double criminality requirement and its partial abolition and c) the depoliticisation of the surrender procedure. In examining this research question, a methodological challenge that arose was the interpretation of the concept of traditional values of legitimacy which has been taken in this thesis to mean à ¢Ã¢â€š ¬Ã…“sovereigntyà ¢Ã¢â€š ¬Ã‚  as it is a contested conc ept and could be said to one of the most ambiguous terms in use today[3]. The term is concurrently used by scholars, politicians, jurist, journalist and even laymen in reference to different notions. In this context, prior to setting out examining whether the European arrest warrant challenges state sovereignty and due process in criminal justice, it is evident that the concept of state sovereignty must first be identified to the extent that it will be used in the analysis of this paper. Put simply, state sovereignty, includes a state having political and legal authority over all individuals in regards to any affairs within its territory[4], and as such, said state is not obliged to adhere to any demands from other states as it is equal to and independent of other autonomous states[5]. Therefore the criminal law of a state has a trilogy of defining characteristic that is associated closely with the expression of traditional values of legitimacy within a state due to its series of set rules which lays down its values/principles of what is acceptable and what is not. It also has its own stigmatic punishment[6] and sets of sanctions to support its procedures, while its criminal justice system, such as the judges, courts and the police are designated to interpret and enforce the due process in criminal justice[7]. The characteristic is used as a method of social control[8] within the state superiority and therefore criminal law provides the states with a social control mechanism through which they can regulate human behaviour and thus far exercise its traditional values of legitimacy. The stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to decide what conduct to criminalise, enforce and interpret is the ultimate expression of its legitimacy within its territory, thereby showing democratic negotiations of what is acceptable and what is unacceptable on a national platform. These democratic dialogues are considered to echo the social norms which are particular to each st ate and its criminal laws, thereby à ¢Ã¢â€š ¬Ã…“a product of culture in that it is rooted in the history of a State and exhibits a nationà ¢Ã¢â€š ¬Ã¢â€ž ¢s deepest convictions and valuesà ¢Ã¢â€š ¬Ã‚ .[9] It can also be contended that criminal law is seen as a manifestation of state legitimacy[10] and as such, judicial collaboration in criminal matters through the standard of mutual recognition, in practice and theory, is used to challenge the crucial functions and prerogatives of member states that are defining features of traditional values and legitimacy. Thus legitimacy in criminal law within the state is absolute. Part A) Removal of Bar to Surrender The problems with the challenges raised from the removal of the bar to surrender own national has shown how the capacity of the EAW to strengthen the bond of allegiance between state and its own national in establishing its traditional values and legitimacy; this bond can be transcribed into member states constitutions which has led to numerous problems in implementing the FD with some countries having to make changes to legislations in order to accommodate the obligations to surrender their nationals. This is illuminated in the cases of Germany[11] and Poland, where it was illustrated that there were inherent constitutional issues with the application of the EAW. This in turn showed judgments that state legitimacy is a principle that lies within the hearts of member states and therefore the removal of the bar to surrender own nationals thereby challenges it. This is especially seen in Polandà ¢Ã¢â€š ¬Ã¢â€ž ¢s vigorous attempts to constitutional preservation as grounds of refusal, of the verification of the double criminality requirement principle in order to diminish the induced challenges. Part B) The Double/Dual Criminality Requirement and its Partial Abolition. The double criminality and partial abolition affects the European Arrest Warrant in diminishing traditional values and legi timacy (sovereignty) by creating extraterritoriality or as some scholars have described as the horizontal transfer of legitimacy. Upon this, the double criminality ensures that the set of principles reflected in criminal law of the executing state thereby confines the loss of legitimacy upon the issuing state use of its criminal justice while that member state executes its own legitimate act within its territory. Upon the list of the 32 categories of offences, and providing that conditions are met, the double criminality requirement and subsequently, the stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s traditional values and legitimacy protection provided is abolished. It is therefore said that some of the offences descriptions are vague, leading commentators to argue that this thus creates a function. Siledregt states, for example, that it allows for certain laxity in the definition of offences which prevents the list from being outdated and therefore in need of constant amendment and also accommodates the crime definition of 27 member states by not being that narrow.[12] On the other hand, there being more than 27 different criminal legal systems and more than 23 official languages in which definitions are expressed differently creates a vague and broad category of crimes. The lack of standardised definitions has created inconsistencies within the chain of transfer of horizontal power of legitimacy. This therefore has created difficulty of finding out which category of offences which the double criminality can be abolished. Due to the fact that more than 23 languages exacerbates the interpretation of the substantial element of the offences and as such has given rise to the partial abolition of double criminality further challenges the horizontal transfer of legitimacy and traditional values. In regards to the offence of rape, for example, in England and France one or more genital organs of the victim or the anus must be involved for penetration to amount to rape, while in other member states (Germany) there is no such conditions and other member states, any sexual penetration is regarded as punishable[13]; this is thus illustrated in the case of European court of human rights M.C v Bulgaria[14]. This complication of definition is also illuminated in the case Julian Paul Assange[15]. Assange case is seen as implementing the à ¢Ã¢â€š ¬Ã…“one shoe fits allà ¢Ã¢â€š ¬Ã‚  approach in EU criminal legal matters. Thereby the EAW is being used to impose a process of extradition that does not reflect the overall natural justice member states nationals deserves. Assange case indicates how the EAW procedure has been put together in ways which by-pass traditional values/national sovereignty. This lack of precision in the classification of offences and the inconsistency in the language or versions of offences in Member States captures even greater legitimate constraints with the abolishment of the double criminality requirement. The clause in article 2(2) à ¢Ã¢â€š ¬Ã…“member states can precede without verification of the double criminality of the actà ¢Ã¢â€š ¬Ã‚  has further created a transfer of horizontal legitimacy of national sovereignty from the issuing state towards the executing state in becoming absolute/authorative as it restrains the role of the executing states in ascertaining its control. Additionally, it is evident that the executing state cedes sovereignty/legitimacy on unstable grounds and as such infringes human rights of any individual that is surrendered under the European arrest warrant[16] particularly their rights to liberty and security and this therefore challenge the traditional values of all member states as this is one of the main principles of their constitutions. The abolition of the double criminality requirement for 32 offences to surrender individuals, although the acts committed do not constitute an offence within the executing state has been challenged in the case of Advocaten Voor De Wereld[17], where the Belgian court submitted a preliminary ruling regarding the conformity of the frame work decision(FD) with the principles of legality, equality and non-discrimination, because by no longer requiring the double criminality principle, these rights will be put at risk[18] and upon evaluation the ECJ examined the FD in light of the protection of fundamental rights, held that the principle of legality of criminal offences and penalties as the general legal principle common to the member states; and as such compliance with the principle must be assessed from a national law perspective and not on the basis of the FD on EAW. But while on the principle of equality and non-discrimination, found that different treatments for list and non-list offenses by the FD was objectively justified; and the FD on EAW is not designed to harmonise the substantive criminal justice. This can be seen as a further bypass the legitimate challenges that arise from horizontal transfer of na tional/traditional values from the issuing to the executing states, this reasoning can be seen as the courts attempt to keep a high level of mutual trust between member states while establishing the normative value of the EAW[19]. Another case which illustrates the problematic issues regarding the double criminality can be seen in the Julian Assange case. Part C) The Depoliticisation of the Surrender Procedure The link between the double criminality and the depoliticisation of the EAW procedure is the new mode of governance upon which the national judicial authorities becomes players in their own rights within the international system, leading to the creation of transnational network of national judges, demonstrating the plan for the EAWà ¢Ã¢â€š ¬Ã¢â€ž ¢s horizontal transfer of legitimacy from the issuing state to the executing state, meaning that the power of judges in this power struggle is absolute, even though it can be subject to grounds of refusal, while the sovereignty of the executing state is challenged. This is due to the fact that judges have no political gravity because they are tools to the acts of justice, independent and follows the rule of law in exercising judgment by not endorsing the political issues of the state, in implementing decisions. To this, state values and legitimacy are further diminished and not protected. Furthermore, the ability to exercise legitimacy/traditional values in a political field has been conceded for member states because the move from political to judicial has seen the loss of its diplomatic tool, due to the fact that it is now difficult to pressure through a decision to surrender by way of political or diplomatic means. Additionally, the lack of homogeneity of legal systems has created the emergence of judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s interiming as concierge of their national legal systems, by acting as porters; judges are passing the jurisdictions of the executive thereby expressing the fundamental political agenda of their government and as such the horizontal transfer of legitimacy in creating a EAW would not defy the states traditional values. However, when judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s political views are not in line with the governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s political and social objectives, it therefore challenges the stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s traditional values of legitimacy. Yet, a close inspection of the FD shows that the plethora of grounds of refusal added within the FD does not allow automaticity which is one of the principles of mutual recognition, in the agreement by one member state to another, showing member states attempt to protect itself with the leeway within the FD by not automatically taking the decisions of other member states within its territory. This mechanism can be seen as its ploy to screen the horizontal transfer of power which takes place in issuing an EAW, by engaging in such checks. It can be argued that such reluctance is a way of not relinquishing its legi timate rights which is increasingly challenged by the depoliticisation of the European arrest warrant procedure. The Future of the European Arrest Warrant: The European arrest warrant is said to fruitful in reducing the chances of offenders not misusing the free movement of persons within the EU in attempts at escaping justice. However, the integrity of the EAW, such as the abolition of the double criminality is unlikely to change in spite of the human rights concerns. Nonetheless, the commission council are now pursuing changes to address issues of proportionality for EUà ¢Ã¢â€š ¬Ã¢â€ž ¢s continuing programmes in ensuring that basic rights for accused individuals around Europe. It is shown throughout my research, that member states will protect any risk within their capacity to stop the diminishing of their traditional values of legitimacy in matters of criminal justice. Closing, it is submitted that not enough weight has been given in the EU to analyse and understand EU integration in criminal matters through the lens of the impact it has on Traditional valves and its due process. To this respect, it is submitted that only if Member States understand the intrinsic and real challenges from incorporation of their Traditional values, and ways are establish to pacify the ceding Traditional values/Sovereignty, whilst promoting EU cooperation, will EU mixing in criminal matters proceed on concrete ground. The question one is left with: Is it possible that the European arrest warrants disadvantage citizens from a common law system more than a civil law system or vice versa or could it be that they disadvantage both equally given the inherent distance that the European government has from any of its citizens Bibliography Bartelson J., A Genealogy of Sovereignty, Cambridge: Cambridge University Press, 1995 Abramson W., Extradition in the United States, in Keijzer N. and Sliedregt E. van, The European Arrest Warrant in Practice, T. M. C. Asser Pr ess, 2009 Bartelson J., A Genealogy of Sovereignty, Cambridge: Cambridge University Press, 1995 Lazowski A., à ¢Ã¢â€š ¬Ã‹Å"Constitutional Tribunal on the Surrender of Polish Citizens Under the European Arrest Warrant. Decision of 27 April 2005à ¢Ã¢â€š ¬Ã¢â€ž ¢, EuConst., 2005 Murray CJ: was critical à ¢Ã¢â€š ¬Ã…“ the somewhat vague language and curious constructionà ¢Ã¢â€š ¬Ã‚  of the framework à ¢Ã¢â€š ¬Ã¢â‚¬Å" balancing due process with welfare values/objectives. Ian Bailey à ¢Ã¢â€š ¬Ã…“Fair or Foul? The European arrest warrant justice sans frontier an instrument open to abuse- The executive force of community law cannot fluctuate from one state to another in deference to subsequent domestic laws; could this be defined as restorative justice or just simply obscured justice. Julian Assange v Swedish Prosecution Authority [2012] UKSC 22 :On appeal from: [2011] EWHC Admin 2849 cases C-187/01 and C-385/01 GÃÆ' ¶zÃÆ' ¼tok and Brugge ECR [2003] I-1354. Forde, Michael; Kelly, Kieran (2011).Extradition Law and Transnational Criminal Procedure(4th ed.). Roundhall. p.18 Marianne L. Wade: Judicial control: the CJEU and the future of Eurojust : file:///C:/Users/adminuser/Downloads/Eurojust%20-%20Wade%20Article.pdf Extradition and the European Arrest Warrant à ¢Ã¢â€š ¬Ã¢â‚¬Å" Recent Developments: file:///C:/Users/adminuser/Downloads/Extradition%20and%20EAW%20-%20Home%20Office%20(1).pdf A REVIEW OF THE UNITED KINGDOMà ¢Ã¢â€š ¬Ã¢â€ž ¢S -EXTRADITION ARRANGEMENTS: file:///C:/Users/adminuser/Downloads/Review%20of%20Extradition%20Arrangements%20UK.pdf Professor Dermot P Walsh à ¢Ã¢â€š ¬Ã…“An Emerging EU Criminal Process?à ¢Ã¢â€š ¬Ã‚  file:///C:/Users/adminuser/Downloads/EU%20Criminal%20Process%20Article.pdf 1 [1] 2002/584/JHA of 13 June 2002 [2] Forde, Michael; Kelly, Kieran (2011).Extradition Law and Transnational Criminal Procedure(4th ed.). Roundhall. p.18 [3] Rajan M.S., UN and Domestic Jurisdiction, Orient Longmans, Bombay, 1958, 6. It is accepted that not all scholars agree that the Peace of Westphalia deserves this status. For a discussion see Krasner S. D., Sovereignty: Organized Hypocrisy, Princeton, NJ: Princeton University Press, 1999 [4] Bartelson J 1996 [5] Ibid [6] Stigmatic punishment is arguably the distinguishing characteristic of criminal Law from other forms of social control and from other branches of law see Clarkson C. M. V., Keating H.M., and Cunnigham S. R., Clarkson and Keating Criminal Law: Text and Materials. 6th ed., London: Sweet Maxwell, 2007 at p.1. [7] [8] Formal Social Control is a form of social control that is based on rules of behavior that are written down to regulate individuals and there is usually a formal and regulated mea ns of sanction for non-compliance with those rules of behavior see Quinney R. and Trevino A. J., The Social Reality of Crime. 2nd ed., New York: Transaction Puplishers, 2001 at p.6. [9] Wilt H., à ¢Ã¢â€š ¬Ã…“Some critical reflections on the process of harmonisation of criminal law within the European Unionà ¢Ã¢â€š ¬Ã‚ , in Klip A. and Wilt H. van der (eds), Harmonisation and Harmonising Measures in Criminal Law, Royal Netherlands Academy of Arts and Sciences, 2002, 77. [10] See for example Perron W., Perspectives of the Harmonisation of Criminal Law and Criminal Procedure in the European Union, in HusabÃÆ' ¸ E. J. and Strandbakken A., Harmonization of Criminal Law in Europe: Series Supranational Criminal Law: Capita Selecta. s.l.: Intersentia, 2005 at p.p.5-6; Kapardis A. and Stefanou E.A., The First Two Years of Fiddling around with the Implementation of the European Arrest Warrant (EAW) in Cyprus, in Guild E. (eds), Constitutional Challenges to the European Arrest Wa rrant. s.l.: Wolf Legal Publishers, 2006 at p.75. [11] Joined Cases C-187/01 and C-385/01 [12] Sliedregt E. van., The Dual Criminality Requirment, in Keijzer N. and Sliedregt E. van (eds.), The European Arrest Warrant in Practice, The Hague, 2009, p.58. [13] Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems; Official Journal L 069, 16/03/2005, 67à ¢Ã¢â€š ¬Ã¢â‚¬Å"71 [14] Ibid 9 [15] [2012] UKSC 22 ; On appeal from: [2011] EWHC Admin 2849 [16] Council Framework Decision on the European Arrest Warrant and surrender procedures between Member States of the European Union, of 13 June 2002, OJ L 190, of 18 July 2002 (hereinafter referred to as Framework Decision). [17] C-303/05 Advocaten voor de Wereld [18] A further preliminary ruling ground brought forward, that is not mentioned in this essay, was à ¢Ã¢â€š ¬Ã…“that the subject-matter of the European arrest warrant ought to have been implemented by way of a conv ention and not by way of a framework decision since, under Article 34(2) (b) EU, framework decisions may be adopted only à ¢Ã¢â€š ¬Ã‹Å"for the purpose of approximation of the laws and regulations of the Member Statesà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã‚  (Para. 11 and Para 16(1)). Although the European Court of Justice accepted that the European Arrest Warrant could equally have been the subject of a Convention, it took the view that it is within the Councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion to give preference to the legal instrument of the Framework Decision in cases where the conditions governing the adoption of such a measure are satisfied (Para. 41). The Court confirmed that there is no distinction in the third pillar as à ¢Ã¢â€š ¬Ã…“to the type of measures which may be adopted on the basis of the subject-matter to which the joint action in the field of criminal cooperation relatesà ¢Ã¢â€š ¬Ã‚  (Para. 36) and that there is no priority between the different instruments mentioned in Article 34(2) TEU (Para. 37). Moreover, it was rejected that the adoption of Framework Decisions must relate only to areas mentioned in Article 31 (1) (e) which provides the basis for criminal law approximation. The Court also rejected that the European Arrest Warrant should have been adopted by a Convention, as it replaced earlier EU extradition Conventions, as this would à ¢Ã¢â€š ¬Ã…“risk depriving of its essential effectiveness the Councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s recognised power to adopt framework decisions in fields previously governed by international conventionsà ¢Ã¢â€š ¬Ã‚ (Para. 42) [19] cases C-187/01 and C-385/01 GÃÆ' ¶zÃÆ' ¼tok and Brugge ECR [2003] I-1354.