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    ISSN 1756-851X
    18 May 2017
 

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Italian commission says more controls needed on aid groups rescuing migrants (Reuters, link):

"An Italian parliamentary commission said on Tuesday more controls needed to be imposed on humanitarian organisations that are taking an increasingly significant role in rescuing migrants from the Mediterranean."

See also: Refugee crisis: latest news from across Europe (17.5.17) including: Commission takes first steps against Hungary asylum law - for the second time

UK: Cage director charged under Terrorism Act after failing to hand over passwords (The Guardian, link):

"The international director of Cage, Muhammad Rabbani, has been charged under the Terrorism Act after refusing to hand over passwords to his laptop at Heathrow airport."

EU: European Arrest Warrant: reports on Eurojust casework 2014-16 and Member States' prison conditions

EU judicial cooperation agency Eurojust recently issued two reports: one examining its casework in relation to the European Arrest Warrant (EAW) between 2014 and 2016, and the other summarising a recent debate held by Member States' representatives at Eurojust on the topic of EAWs and prison conditions.

EU wastes no time welcoming prospect of Big Brother databases

  • Justice and Home Affairs database could cover terrorism, organised crime and crime in general
  • Centralised database will cover "new and existing" databases with proposals for biometric matching including facial images ("the biometric of the future") and a "common repository" of personal data on millions of people
  • USA expresses "interest" in EU plan for a single law enforcement database

UK: Deputy police and crime commissioner resigns following spycop reports

A deputy police and crime commissioner has resigned following reports that he worked as an undercover police officer in the early 1990s, infilitrating political groups and deceiving a 19-year-old woman into a sexual relationship.

SPAIN: 388 people die on the Spanish coasts in one year including 122 children

Between September 2015 and December 2016, 388 people died in their attempt to arrive in Spain by boat. 31.4% of them were children and 7.9% of them women, according to an extensive report by the NGO Caminando Fronteras. The organisation documents that, behind these deaths, beyond the risk implicit in the sea crossing, are deficiencies in the rescue efforts at the southern border that "give precedence to migration control over saving lives."

And see: Refugee crisis: latest news from across Europe (15.5.17)

Statewatch Analysis: Who drives EU counter-terrorism? On the legislation of the European Union (pdf) by Heiner Busch and Matthias Monroy:

The formal process of developing and implementing EU counter-terrorism law and policy begins with the heads of government, in the European Council, setting out strategic guidelines. Thereafter, the Commission produces proposals for laws and policies that are discussed by the Council of the EU (made up of government officials) and the Parliament. However, this formal task-sharing between the institutions of the EU does not say much about the power relations and impulses surrounding counter-terrorism policy.

EU: Council pushes to "increase the feed and use of biometric data" in draft conclusions on security checks and irregular migration

"The effectiveness of cross-checking both regular and irregular migrants against security databases depends to a large extent on the availability of biometrics. Illegal border-crossings are often undocumented, which means that it is impossible to run a check against any security database unless biometrics are utilised."

BULGARIA: No access to a lawyer for first three days under arrest: no problem, says European Court of Human Rights

"The Court found in particular that Mr Simeonov’s conditions of detention, in combination with the strict regime under which he was serving his sentence and the length of his period of imprisonment since 1999, had subjected him to an ordeal exceeding the suffering inherent in serving a prison sentence, which had amounted to inhuman and degrading treatment...

The Court also found that Mr Simeonov’s right to legal assistance had been restricted for the first three days of his police custody, but that that restriction had not irremediably infringed the criminal proceedings as a whole."

See: press release (pdf) and the judgment: Case of Simeonovi v Bulgaria (application no. 21980/14, pdf)

EU: Council in a twist over data retention judgment

The Council of the European Union is really struggling to finds ways around the Court of European Justice judgment in "Tele 2 and Watson".

Refugee crisis: latest news from across Europe (12-14.5.17)

EU: Council of the European Union: Blue Card ("Legal" Migration) and ETIAS: Developing its negotiating positions.

UK: Police drop investigation into racist gang stabbing of refugee child and tell him 'don't go out alone at night' (Independent, link)

"Exclusive: Search for men who beat Eritrean boy in hate crime attack abandoned, in same week Britain First are accused of targeting asylum seekers in the area."

Council of the European Union: Proposal for a Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies... Preparation for a general approach (LIMITE doc no: 8431-17, pdf): Following on from the General Regulation on the processing of personal data comes an important follow-up facing a bit of a rushed procedure:

"The rules of the Regulation on data protection rules for Union institutions, bodies, offices and agencies and those of the General Data Protection Regulation should be coherent, aligned as far as possible and applicable as of the same date: 25 May 2018."

"State of play: "Changes to the Commission proposal are indicated in bold. DK, FI, SI, UK and the Commission maintain a general scrutiny reservation on this text..... The European Parliament is expected to establish its position on the proposal at its October Plenary session....

Conclusion: The Presidency invites the Permanent Representatives Committee to endorse the text of the Regulation on data protection rules for Union institutions, bodies, offices and agencies as it appears in Annex with a view to the adoption of a general approach on this text at the Council (JHA) on 8/9 June."

EU: Council of the European Union: Qualifications Directive - With substantive reservations by Member States:

Revision 2 (LIMITE doc no: 8968-REV-2-17, 11 May 2017, pdf): With 186 Footnotes with Member State positions: "New or modified text compared to the previous version of this document is to be found in Recitals (36a) and (41a), in Article 2 (9) and (14) and in Article 28 (2)."

Revision 1 of text (LIMITE doc no: 8968-REV-1-17, 10 May 2017, pdf): 186 Footnotes with Member State positions "Comments made by delegations on the Commission proposal text and on the Presidency compromise proposals, orally and in writing, as well as explanations given by the Presidency, appear in the footnotes of the Annex."

Proposal for a Regulation on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection... (LIMITE doc no: 8968-17, 10 May 2017, pdf): 187 Footnotes with Member State positions: "The attention of the delegations is drawn to the fact that , following the JHA Counsellors meeting on 16 May, the Presidency intends to submit the text to Coreper and subsequently to the Council for a partial general agreement."

EU: European Parliament: Reception Directive: Report: on the proposal for a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast) (pdf) Details the parliament's proposed amendments.

See also Council developing its position: Proposal for a Directive laying down standards for the reception of applicants for international protection (recast) (LIMITE doc no: 8258-17, pdf): The Council developing its position before entering trilogue meetings with the European Parliament. Lots of amendments from the Council Presidency and with 134 Footnotes with Member States' positions: "The text of the proposal in Annex contains modifications suggested by the Presidency in relation to all articles except for the recitals: placed in square brackets, to be discussed at a later stage."

Eric Kempson reports from Lesvos that: "Two boats landed in the south east coast of lesvos early in the morning, 109 people, as far as we know every ones ok"   See also: Greek Ministry: 12-5-17 (pdf)

Entry-Exit System (EES) Council of the European Union: Mandate for negotiations with the European Parliament (Doc no: 6960-17, pdf): "The changes vis-à-vis the Commission proposal are highlighted in underline and […]."

And see: The European Parliament's amendments to the Commission proposal (pdf)

A second, secret, trilogue meeting of the Council and parliament was held on 10 May 2017.

Refugee crisis: latest news from across Europe (11.5.17) including: 500 people turned back to Libya after altercation with NGO ship

UK: An AI Will Decide Which Criminals in the UK Get Bail (Motherboard, link):

"Get arrested in Durham, England, and artificial intelligence could help decide whether you're held in custody or sent home—but it's not yet clear if the algorithm is more accurate than police officers when it comes to assessing whether someone is likely to reoffend."


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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