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    26 March 2017
 

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Observatory: Refugee crisis in the Med and in the EU


EU: Council of the European Union: Qualifications Regulation: Latest draft position: Regulation on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection (pdf): 163 Footnotes with Member States' positions.

"This document contains compromise proposals suggested by the Presidency in relation to all articles, except for the following items placed between square brackets and which will be discussed as a later stage...Suggested modifications are indicated as follows: - new text compared to the Commission proposal is in bold - new text compared to the previous version of this document is in bold underlined - deleted text is in strikethrough."

Refugee crisis: latest news from across Europe (24.3.17)

EU: European Commission report: On the joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of passenger name records to the United States Department of Homeland Security{ (COM 29-17, pdf):

"despite the positive implementation of the Agreement, some improvements remain necessary. Article 2 provides that the scope of the Agreement covers flights with a US nexus. The use of an override mechanism to access non US nexus PNR data is subject to a number of conditions and subject to oversight. The number of overrides has increased since the 2013 review and DHS need to record detailed reasons of why overrides have been used to better understand why they occur.

In relation to Article 5, the number of personnel with access rights to PNR data has increased since the previous review in 2013. Whilst the EU team is satisfied with the oversight mechanisms in place, DHS is invited to continue to monitor the number of staff with access rights to PNR data to ensure that only those with an operational need to use and view the data can do so....

In relation to Articles 16 and 18, DHS should provide further information on exactly what data is being collected under these provisions and be in a position to provide further information on data that has been shared with other US authorities, and police, law enforcement and judicial bodies within the EU."

See; 2012 EU-USA PNR Agreement (pdf) And see: Staff Working document: SWD-14 (SWD, 45 pages, pdf) and Letter from US Homeland Security: SWD 20 (pdf)

Refugee crisis: latest news from across Europe (23.3.17)

EU:Justice and Home Affairs Council 27-28 March, 2017: Background Note (pdf) Substantial items on refugees, migration and asylum.

EU Council of the European Union: Criminal justice in cyberspace - Improving collaboration and coordination (LIMITE doc no: 7479-17, pdf):

"The fight against crime has become more than ever dependant on access to electronic data - data which do not belong to law enforcement or judicial authorities, nor can be regulated by JHA policy makers alone. However, the availability of and access to these data has been reduced due to technical and/or legal reasons: cloud-based storage, limited retention of data, use of encryption, use of Carrier Grade NAT solutions or virtual currencies. Collaboration and coordination with partners and stakeholders is therefore essential to establish workable solutions."

As working on these matters needs to take account of various sectors and legitimate interests (e.g. of LEA/judiciary, data protection/human rights, internal market/trade, electronic communications), there is a clear need of improved coordination and collaboration at national and EU level between the different policy fields.... Regular cyber and/or ICT dialogues with third countries would facilitate international cooperation, in particular with those third countries where most of the service providers are located." [NB:"third countries" particularly include the USA] [emphasis in original]

See also: 6890-17 (LIMITE doc, pdf) and Encryption: Challenges for criminal justice in relation to the use of encryption - future steps - progress report (LIMITE doc no: 14711-16, pdf)

HUNGARY-SERBIA: Police violence against migrants and refugees at Hungarian-Serbian border

A video by the Serbian volunteer group Fresh Response has collected the testimonies of numerous people who have suffered violence and mistreatment at the hands of Hungarian police whilst trying to cross into the country from Serbia. The film includes numerous accounts of beatings with batons, the use of dogs and pepper spray, and the confiscation of shoes and clothes in freezing conditions.

And see: Refugee crisis: latest news from across Europe (22.3.17) including: 1.2 million asylum application in EU in 2016; child migrants suffer abysmal conditions.

UK: Met police accused of using hackers to access protesters' emails (The Guardian, link):

"The police watchdog is investigating allegations that a secretive Scotland Yard unit used hackers to illegally access the private emails of hundreds of political campaigners and journalists."

UK: Government plans for online courts threaten principles of open justice

"Government plans for online courts will lead to more unrepresented defendants, challenge the principle of open justice and could make it too easy for defendants to plead guilty, according to a legal thinktank.

EU- AFRICA-LIBYA: Council of the European Union: EU targets Libyan refugees

Migration policy: implementation: - External aspects: contribution of Ministers of Interior = Discussion paper (LIMITE doc no: 7110-17, pdf): Following the 3 February 2017 Malta Declaration (pdf) the Council Presidency reports that "its implementation has now taken off." The aim is to cut or halt refugees arriving in the EU via Libya and the same for the neighbouring states to Libya.

See also: Mission impossible? Secret EU report makes clear problems in rebuilding Libyan state (Statewatch): With the EU committed to halting cross-Mediterranean irregular migration, a recent classified report produced by the EU's Border Assistance Mission (EUBAM) Libya makes clear the difficulties that lie ahead in attempting to establish functioning state institutions in the country, including those willing to comply with European demands for "integrated border management". See: EUBAM Libya Initial Mapping Report Executive Summary (25 January 2017, 5616/17, EU RESTRICTED, pdf)

Refugee crisis: latest news from across Europe (21.3.17)

Greece: Sharp increase in migrants reaching Aegean islands from Turkey (ekathimerini.com, link):

"New arrivals to the eastern Aegean islands of Lesvos, Chios and Samos have raised the number of migrants landing in Greece from neighboring Turkey since last Thursday to 566, government figures showed on Monday. The figure represents a significant increase compared to arrivals in the rest of March and for the whole of February. In the past four days, 195 migrants landed on Lesvos, 341 on Chios and 30 on Samos."

EU: Council of the European Union: Data Retention & International criminal law agreements

• Data retention: Retention of electronic communication data (LIMITE doc no: 6726- REV-1-17. pdf): On 8 April 2014 the Court of European Justice (CJEU) ruled that the 2006 Data Retention Directive had been unlawful since it was adopted. Now nearly three years later the EU has failed to respond and adopt a new measure to meet the Court's judgment.

•.Criminal law: International agreements that concern EU competences in the area of criminal law - Inventory (LIMITE doc no: 6892-17, pdf): "CATS agreed that the practice of keeping an inventory of present and future international agreements that raise an issue of EU competence in the area of criminal law should be maintained with a view to further improving coordination in the area of external action. An updated inventory is found in the Annex."

Refugee crisis: latest news from across Europe (18-20.3.17)

UK-EU: Brexit could place 'huge burden' on Parliament (BBC News, link):

"Parliament might have to scrutinise up to 15 new bills to deliver Brexit, leaving little time for other legislation, the Institute for Government has warned.

The IFG says legislation will be needed to establish new policies on areas such as customs and immigration. The extra measures will place "a huge burden" on Parliament and government departments, the think tank says."

See: Institute for Government report: Legislating Brexit The Great Repeal Bill and the wider legislative challenge (pdf)

European Parliament: Revision of the Schengen Information System for border checks (pdf): "In December 2016, the European Commission put forward a legislative package containing several proposals aimed at responding more effectively to new migration and security challenges. One focuses on improving and extending the use of the SIS in the field of border checks. It provides for more effective use of fingerprints and facial images in the SIS and would oblige Member States to record all entry bans issued to third-country nationals staying illegally in their territory."

And see: Revision of the Schengen Information System for law enforcement (pdf): "One of these proposals is focused on improving and extending the use of the SIS in the field of police cooperation and judicial cooperation in criminal matters. It clarifies procedures, creates new alerts and checks, extends the use of biometrics, and enlarges access for law enforcement authorities." [emphasis added]

European Ombudsman launches Inquiry into availability of Council legislative documents
Tony Bunyan, Statewatch Director comments: "the root of legislative secrecy lies in secret trilogues"

On 10 March 2017 the European Ombudsman launched an inquiry into: "the disclosure of documents from discussions on draft EU legislative acts in Council preparatory bodies." See: Access to documents relating to Council preparatory bodies when discussing draft EU legislative acts (pdf)

The letter to the Council observes that: "The General Secretariat of the Council (GSC) does not proactively make available documents reflecting the positions of individual Member States during negotiations. This approach, however, is without prejudice to the right of public access to documents provided for in Regulation 1049/20015. These documents can be made available after the act in question has been adopted, provided that they are not covered by any exception laid down in Article 4 of Regulation 1049/2001." [emphasis added]

The notion that legislative documents are only made public after a measure is adopted has no place in a democracy.

The reality is that Member States positions in the Council developing its negotiating position are hidden in LIMITE documents see for example: RECEPTION DIRECTIVE: Proposal for a Directive of the Council laying down standards for the reception of applicants for international protection (LIMITE doc no 7004-17, pdf) 97 Footnotes with Member State positions.

Historical images of para-military policing by Tony Bunyan: The following images are of para-military policing and the army in civil society and The story and images (pdf)

EU: Council of the European Union: Humanitarian Visas: Court case

Humanitarian visas - Reference for a preliminary ruling on the interpretation of Article 25(1)(a) of the Visa Code (Case C-638/16 PPU, X and X v. Belgium) (LIMITE doc no: 7271-17, pdf):

"On 7 March 2017, the Court of Justice (Grand Chamber) gave its judgment in Case C-638/16 PPU, Humanitarian visas. It concerns the interpretation of Article 25(1)(a) of Regulation 810/2009 (Visa Code) and of Articles 4 (on prohibition of torture and inhuman or degrading treatment) and Article 18 (on right to asylum) of the Charter of Fundamental Rights, and more particularly the question of whether Member States were obliged by the Charter to deliver visas of limited territorial validity under Article 25(1)(a) of the Visa Code to a family of Syrian nationals having requested such visas at the Belgian consulate in Lebanon with a view to apply for international protection in Belgium. As the preliminary ruling was about the interpretation of the Visa Code, and not about its validity, the Council did not intervene. This Case had raised a lot of concern among Member States, 14 of which intervened in support of Belgium......

One can draw from this judgment that should the EU decide to adopt harmonising legislation regarding the issuance of long-term visas or the examination of asylum or international protection applications submitted in the territory of third countries, the relevant authorities of the representations of Member States in these countries would fall within the scope of EU law and therefore within the scope of the Charter of Fundamental Rights"

Refugee crisis: latest news from across Europe (17.3.17)

EU: CYBERSPACE: Council struggles to formulate policy to get full access to all communications while respecting fundamental rights

The Council is seeking to find a common position on access all content everywhere for the purpose of gathering evidence in possible criminal cases and intelligence-gathering, including breaking encryption, while at the same time respecting fundamental rights: See: Criminal justice in cyberspace - improving collaboration and coordination (LIMITE doc no: 6890-27, pdf):

European Parliament Study: The Brexit Negotiations: An Assessment Of The Legal, Political And Institutional Situation In The UK (pdf): "The research analyses the post-Brexit political developments in the UK, the various parameters that should be taken into account, by both the UK government and the 27, in view of the Article 50 negotiations and the possible shape of the final deal and the future economic relationship, taking into account the EU obligations and the constraints of Theresa May’s government."

EU: Council of the European Union: ETIAS and Reception Directive

ETIAS: Proposal for a Regulation establishing a European Travel Information and Authorisation System (LIMITE doc no: 6929-17, pdf): "The issue of which Member State is responsible to decide on an application for travel authorisation only arises when there is a "hit" in the context of the automated processing and the application is therefore transferred to manual processing. If there are no "hits" when the application is submitted, the travel authorisation is issued in an automated manner and no Member State needs to be involved.

If there are one or more “hits”, it is the ETIAS National Unit of the responsible Member State which will issue or refuse the travel authorisation...."

RECEPTION DIRECTIVE: Proposal for a Directive of the Council laying down standards for the reception of applicants for international protection (LIMITE doc no 7004-17, pdf) 97 Footnotes with Member State positions. Substantial,changes proposed by the Council Presidency:

"New text to be discussed at the meeting on 16 March is indicated with addition in bold„ and the deleted text is indicated in strikehtrough"

Refugee crisis: latest news from across Europe (16.3.17)

EU: New measures going through on what is known is as the "Package" on the Common European Asylum System (CEAS):

Headscarf bans at work: explaining the ECJ rulings (EU Law Analyses, link):

"When can employers ban their staff from wearing headscarves? Today’s rulings of the ECJ have attracted a lot of attention, some of it confused. There have been previous posts on this blog about the background to the cases, and about the non-binding opinions of Advocates-General, and there will hopefully be further more analytical pieces about today’s judgments to come. But this post is a short explanation of the rulings to clear up any confusion."

London Launch of report: Migrant detention in the European Union: a thriving business Outsourcing and privatization of migrant detention (pdf): 6pm Tuesday 28th March Praxis, Pott Street, London E2 0EF (round corner from Bethnal Green underground, buses 8, 106, 254, 388; easy access and toilet facilities for wheelchair users and pushchairs):

"In the UK, corporations like G4S, Serco, Mitie and Capita make millions locking up migrants in privately run detention centres. Many other less known companies also jostle for contracts in the detention industry, for example providing healthcare, cleaning or construction services. Britain is a pioneer in detention outsourcing, hurtling towards the model of the massive US private prison industry.

But detention outsourcing is also taking off across Europe. This meeting will present a new research report by Migreurop, the European and African migration network, which maps the rise of the privatised migration detention business across the European Union."

Organisers: Migreurop, Rosa-Luxemburg-Stiftung, Brussels Office, Campaign to Close Campsfield, Corporate Watch, Statewatch.

See: Facebook Events (link)


Top reports

See: Resources for researchers: Statewatch Analyses: 1999-ongoing

SECILE Project:

Borderline: The EU's New Border Surveillance Initiatives: Assessing the Costs and Fundamental Rights Implications of EUROSUR and the "Smart Borders" Proposals (pdf) A study by the Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias Vermeulen: "Unable to tackle the root of the problem, the member states are upgrading the Union’s external borders. Such a highly parochial approach taken to a massive scale threatens some of the EU’s fundamental values - under the pretence that one’s own interests are at stake. Such an approach borders on the inhumane."

How the EU works and justice and home affairs decision-making (pdf)

Statewatch's 20th Anniversary Conference, June 2011: Statewatch conference speeches

TNI/Statewatch: Counter-terrorism, 'policy laundering' and the FATF - legalising surveillance, regulating civil society (pdf) by Ben Hayes

Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty (pdf) by Steve Peers, Professor of Law, University of Essex, with additional material by Tony Bunyan

Neoconopticon: the EU security-industrial complex (pdf) by Ben Hayes

The Shape of Things to Come (pdf) by Tony Bunyan


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