Archive
Digital rights and the protection of the right to asylum in the Charter of the European Union
The right to asylum, as delineated in Article 18 of the Charter of Fundamental Rights of the European Union (EU) (‘the Charter’), does not grant the right to asylum to every individual seeking it. Instead, it articulates that everyone is entitled to have their application for international protection examined in line with international and EU law. This principle is reinforced by Article 19 of the Charter, which strictly prohibits collective expulsions and forbids the removal, expulsion or extradition of any person ‘to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment’. Read More
The new proposal on the security of EU information: a wider but incomplete legal framework for classified information
Part 3 of a series /// The proposal on security of EU information, as introduced, would create a legal framework for classified information with a number of gaps and loopholes that would prevent the European Parliament and the Court of Justice from exercising their roles as set out in the EU treaties. Changes are required to fix these problems. Read More
The proposal on security of EU information: how to burst the bubble and open the EU fortress
Part 2 of a series /// The Commission's proposal on security of EU information threatens to fatally undermine the rules on access to documents, which are essential for transparency, openness and public participation in democratic-decision making. The European Parliament and the Council need to take action to fix the proposal on security of information. At the same time, there are clear steps they could take to improve the access to documents rules, ensuring that legislative deliberations are as open and transparent as required by the treaties. Read More
The proposal on security of EU information: transforming the “bubble” into a “fortress”?
Part 1 of a series /// EU institutions are currently discussing a proposal for a new law "on information security in the institutions, bodies, offices and agencies of the Union." While the objective itself may be legitimate, the proposal as it stands seeks to extend to other EU institutions and agencies the secrecy and opacity that has for so long characterised the work of the Council. It undermines existing legislation on public access to official documents and would fatally undermine the treaty obligation for the institutions, bodies, offices and agencies of the EU "to conduct their work as openly as possible." At the same time, the proposal fails to ensure the interinstitutional and interagecy cooperation necessary to ensure an effective administration. Read More
Telling the story of EU border militarization: messages, principles and language
Addressing and preventing European border violence is a huge but necessary strategic challenge. This guide offers framing messages, guiding principles, and suggested language for people and organisations working on this challenge. It emerges from a process of discussion online and in-person between over a dozen organisations working in the European migrant justice space. Read More
International police data-sharing: what are the UK and EU cooking up?
For the last few years, British and European officials have been seeking ways to regain the ability to instantly share police data across borders – an ability that was lost after the UK left the EU at the end of 2020. The plan currently under development is to build a new data-sharing architecture encompassing the UK, the EU and other “international partners,” but substantive details of it are being kept under lock and key. The implications go beyond privacy and data protection, and raise questions about the potential uses of a new system to crack down on the right to protest, as well as the right to seek asylum. Read More
Externalisation of migration control: from the 1990s to the present
A talk given by Statewatch researcher Yasha Maccanico at the TransBorder Camp in Nantes, July 2022. Read More
The green police: anti-mafia powers for environmental crime investigations?
The European Commission's proposal for a new environmental crime Directive will significantly strengthen law enforcement powers. As well as introducing a range of new criminal offences at EU level, the proposed Directive encourages the use of intrusive policing tactics against suspected environmental crime offenders. Member states, however, aim to water down the Commission’s proposal to reduce the obligations on national authorities, and are concerned about what they see as an attempt to ‘overharmonise’ national criminal laws. Read More
Viewpoint: How to make fences and influence people: a simple guide
Are you an EU member state looking to divert attention from the human rights abuses you are committing at your border? By following this simple guide, you can ensure that not only will the European Commission, the “Guardian of the Treaties”, turn a blind eye to those abuses, but that you will receive a healthy cash injection at the same time! Read More
Prosecuting solidarity: extracts from a new book on the Riace case
A book about the political use of judicial proceedings to curtail a virtuous example of solidarity at work in reception practices in a small southern town in Calabria, Riace, led by its former mayor, Mimmo (Domenico) Lucano. Hearings of the appeal trial in Reggio Calabria are underway, after the first trial in Locri (whose sentence is commented on in these two extracts) found several defendants guilty, imposing lengthy prison terms (over 13 years for Lucano, over 80 years in total for 18 defendants) and financial penalties. The contributions to this book focus on the trial, the sentence, the appeal and the reality of the experience of Riace, including trial monitoring reports by Giovanna Procacci. Read More