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crisis: latest news from across Europe (15-16.8.17) including: Deportation by EU states
of 29 Nigerian, Togolese in leg chains; deaths at French-Swiss-Italian
and protesters clash at planned nuclear waste site (RFI, link):
in north-east France used water cannon, tear gas and stun grenades
on Tuesday against demonstrators protesting plans to store nuclear
waste at a site in Bure. Protest organisers said over 36 people
were injured, six of them seriously.Two police officers were
Over 300 protesters
joined the demonstration - some helmeted and wielding stones,
sticks and shields, according to the authorities.
say demonstrators threw stones and at least one Molotov cocktail
at police who respoded with water cannon, [tear] gas and stun
crisis: latest news from across Europe (13-14.8.17) including: NGO rescue
ships suspend work in Libyan waters; migrants must be able to
leave Libyan "hell"
with Assurances: Flogging a Dead Horse? (one small window, link):
the two authors agree that DWA can play a significant role
in counter-terrorism, especially in prominent and otherwise intractable
cases which are worth the cost and effort, but it will be delivered
effectively and legitimately in international law only if laborious
care is taken. The only example they provide that comes
close to this, in a policy spanning almost thirteen years, is
that of Abu Qatada, the cost and effort of which
may be debated. Given the approach of the report, the legal arguments
against DWA remain intact. What emerges from their discourse,
however, is the impact various aspects of the case law and practices
related to the application of DWA have had on the evolution of
counter-terrorism policy in general."
by David Anderson Q.C., Independent Reviewer of Terrorism Legislation
(2011-2017) with Clive Walker Q.C., Professor Emeritus of Criminal
Justice Studies, University of Leeds
NORTHERN IRELAND: Torture
was the norm in the North, says university lecturer (The Irish Times, link):
lecturer who alleges he suffered waterboarding after
he was arrested in Belfast in 1978 has said he believes torture
was the norm, rather than the exception in the North
in the 1970s.
Europes laboratory. An idea for Europe (pdf) Excellent and
Europe's laboratory. An idea for Europe" written after a
field research made by legal operators and lawyers from ASGI
(Associazione per gli Studi Giuridici sull'Immigrazione - Association
for Juridical Studies on Migration) conducted in march 2017.
aims to analyze the juridical effects that the Eu-Turkey deal
had on the Greek asylum system after one year from its approval.
Through this observation and the contemporary study on the European
ongoing reforms of the European asylum system we can say that
Greece can be considered as a laboratory for the newest European
immigration governmental policies which clearly focuses on stopping
the fluxes also despite the respect of fundamental principles
of the European rule of law."
IS NOT A CRIME:
Solidarity must not be considered a law-breaking offence. It
is not a crime, but a humanitarian obligation
recent proliferation of prosecutions in Italy and France towards
people who showed solidarity with the refugees is a disturbing
attempt to create division among NGOs active in Search and Rescue
operations, and to isolate common European citizens who are concerned
with the safety of the forced exiles who embarked in perilous
journeys from Eritrea, Sudan, Libya, Syria, Afghanistan and many
other distressed countries. For years, they risk death on land
and sea on a daily basis in a sort of Darwinian selection
and the European Union, where only a part of them arrive,
is closing more and more its doors and externalizing its asylum
The vast majority
of migrants and refugees (80%) find shelter in developing, mostly
African countries. The extraordinary activity of NGOs in the
Mediterranean is due to the absence of proactive public Search
and Rescue operations carried out by the Union and its Member
States, since the end of "Mare Nostrum"."
crisis: latest news from across Europe (6-12..8.17)
EU: Council of the European Union: Letter
from SIS II Supervision Coordinating Group Chair to Council Presidency
concerning SIS II legislative proposals (pdf) The Letter "underline
the following most crucial issues" also raised by the European
Data Protection Supervisor (EDPS). And it emphasises the need
a prior analysis of the necessity of the introduction of new
biometric (facial images, palmprints and DNA profiles) which
should clearly explain that the purpose of the system cannot
be achieved in a less intrusive way. Additionally palmprints
have been introduced for the first time ever in an EU large scale
IT system... [and give] an explanation of the necessity and proportionality
of the use of such data is even more urgent."
define the access rights and rules" for the European Border
Guard Agency teams "involved in return-related tasks"
plus the necessity to extend the retention period alerts from
"three to five years.".
See also: Commission
on the establishment, operation and use of the Schengen Information
System (SIS) in the field of police cooperation and judicial
cooperation in criminal matters, amending...(COM 881-16, pdf) and
on the use of the Schengen Information System for the return
of illegally staying third country nationals (COM 881-16, pdf)
& Society: Latest issue (link): "This is our first ever
special "Responsive Issue," conceived of as something
extra to our usual process of publication. We asked for shorter
articles, written in a more punchy and accessible style, to cover
specific countries which are moving in an authoritarian direction,
and/or transnational issues that relate to the nexus of surveillance
and authoritarianism." See: The
Global Turn to Authoritarianism and After (link)
states ask for new EU data retention rules (euractiv, link): "Several
EU member states want to include new rules allowing for data
retention in a draft privacy bill. Diplomats from EU countries
have been asked to determine whether they want new data retention
rules ahead of a meeting to discuss the draft ePrivacy legislation
is leading countries discussions on EU laws until the end
of this year, asked national delegations after a meeting in July
whether they want to add new rules to the draft bill as a way
to require telecoms companies to store consumers personal
data for a set amount of time, according to a draft
memo that was leaked by the NGO Statewatch."
citizens to get more rights over personal data under new laws (Guardian, link):
legislation will give people right to force online traders and
social media to delete personal data and will comply with EU
data protection... The main aim of the legislation will be to
ensure that data can continue to flow freely between the UK and
EU countries after Brexit, when Britain will be classed as a
third-party country. Under the EUs data protection framework,
personal data can only be transferred to a third country where
an adequate level of protection is guaranteed.
New Data Protection Bill: Our Planned Reforms (pdf) and Research
and analysis to quantify the benefits arising from personal data
rights under the GDPR (pdf)
West attempts hybrid resistance (link):
NATO are training for their joint rapid response in the event
of a crisis with three coordinated exercises. The simulated threat
comes from Russia, hackers, the caliphate, immigrants and globalisation
On 1 September
the European Union and NATO will start their shared EU
Parallel and Coordinated Exercise 2017 (EU PACE17). This
is according to a Council
Document published online by the British civil rights organisation
Statewatch. The two alliances will test their crisis management
structures over six weeks."
EU: Council of the European Union: New
powers for eLisa agency
version of the proposed eu-LISA Regulation with Regulation 1077/2011 (LIMITE doc no: 11164-17,
pdf): "The new text in the proposed Regulation, compared
with the current one, is marked in bold italics, and the deleted
text is marked with strikethrough."
by the Management Board of eu-LISA on the recommendations of
the Commission on changes to the Establishing Regulation of eu-LISA (LIMITE doc no: 10873-ADD-3-27,
on the proposed new tasks for eu-LISA (LIMITE doc no: 11182-17, pdf):
proposed Regulation mainly aims to enhance the role and responsibilities
of eu-LISA with regard to existing and possible new large-scale
IT systems on cooperation and information exchange in the area
of freedom, security and justice and to enable it to provide
support to Member States and to the Commission. This is expected
to contribute to rendering border management more effective and
secure and to reinforcing security and combatting and preventing
Some of the proposed novelties, in particular as regards the
Agency's role in relation to interoperability..." [emphasis added]
Plan" on Central Mediterranean will exacerbate "abuse,
mislead and expel" process in Italy's hotspots
The EU's plans to
limit the number of people travelling across the Mediterranean
to Italy are set out in a detailed internal "Implementation
Plan" (pdf) believed to be drawn up by the Council that
is silent on the right to claim asylum in the EU - aside from
ensuring that Italy "speed up examination of asylum applications"
and ensure that it can "issue return decisions together
with final negative asylum decisions," which is likely to
exacerbate existing problems with access to the asylum procedure
in Italy's "hotspots".
Central Mediterranean - Alleviating the pressure: Implementation
crisis: latest news from across Europe (31.7.17-5.8.17)
Schengen Zone for NATO - Why the Alliance Needs Open Borders
(Foreign Affairs, link):
member states are willing to defend one another, and they have
the troops and the equipment to do so. But quickly getting those
troops and equipment to their destination is a different matter
altogether. In some new NATO member states, bridges and railroads
are simply not suitable for large troop movements. But one thing
frustrates commanders even more: the arduous process of getting
permission to move troops across borders.
probably naïve, admits Lieutenant General Ben Hodges,
the commander of the U.S. Army in Europe. I assumed that
because these were NATO and EU countries wed just be able
to move troops. But ministries of defense are not responsible
UK: Institute of Race Relations (IRR):
(link): by Colin Prescod and Daniel Renwick
Grenfell Tower inferno throws up all the contradictions between
community self-help and resistance and an uncaring state...."
retention: Can the mass retention of data be justified under
the planned ePrivacy Regulation?
The Council of the
European Union is struggling to find a way to by-pass the Court
of the European Union's judgments in the cases of Digital Rights
Ireland and Tele2 and Watson which ban the mandatory collection
of data of everyone's communications.
The Council is
trying to justify mass data retention for the "prevention
and prosecution of crime". Council
(LIMITE,11110-17, pdf) asks Member States to consider a "mind
map" (see p3).
Now the Council's
attention has turned to the planned ePrivacy Regulation: Processing
and storage of data in the context of the draft ePrivacy Regulation
= Introduction and preliminary exchange of views [LIMITE doc no:11107-17,
raised over detention of unaccompanied minor refugees (ekathimerini.com, link):
conducted by the Greek Ombudsman from July 17 to 19 has revealed
what it describes as blatant violations of the rights of
unaccompanied, underage refugees and migrants.
authority referred to prolonged detention in unsafe and inappropriate
conditions at police stations and refugee centers across northern
Greece as the main violations.
cited in the investigation is that of 17 minors who were found
held in a single 25-square meter cell at a detention center for
for researchers: Statewatch Analyses: 1999-ongoing
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 Unions external borders.
Such a highly parochial approach taken to a massive scale threatens
some of the EUs fundamental values - under the pretence
that ones own interests are at stake. Such an approach
borders on the inhumane."
How the EU works and justice and home
affairs decision-making (pdf)
20th Anniversary Conference, June 2011: Statewatch
'policy laundering' and the FATF - legalising surveillance, regulating
(pdf) by Ben Hayes
to EU decision-making and justice and home affairs after the
(pdf) by Steve Peers, Professor of Law, University of Essex,
with additional material by Tony Bunyan
Neoconopticon: the EU security-industrial
(pdf) by Ben Hayes
The Shape of Things to Come (pdf) by Tony Bunyan
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