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Round-up
of news stories from around the EU: In the
News & Statewatch News Digest
October 2012
UK: Organised
dissent at Yarl's Wood detention centre met with harsh treatment
Mass protests by detainees at the Yarl's Wood immigration detention centre in Bedfordshire demanding "rights and dignity, and to end the racist, sexist and abusive detention system" have been met with harsh treatment by the authorities.
UK: Galloway
to demand Home Secretary acts on police 'dirty tricks'
(Respect, link) "A senior Metropolitan police counter-terrorism
officer has been involved in a campaign of disinformation and
'dirty tricks' against George Galloway, which involved an agent
in the MP's constituency office and also setting up a series
of fake email addresses in an attempt to smear him." See
also: George
Galloway's PA, her police officer husband and claims of 'dirty
tricks' (Guardian, link)
EU: Break-in
at anti-tobbaco NGOs in EU capital (euobserver, link)
Three anti-tobacco NGOs in Brussels were burgled on Thursday
(18 October) in what staff fear could have been a tobacco industry
attack.
Netherlands: Dutch
proposal to search and destroy foreign computers (link)
On 15 October, the Dutch ministry of Justice and Security proposed
powers for the police to break into computers, install spyware,
search computers and destroy data. These powers would extend
to computers located outside the Netherlands. Dutch digital rights
movement Bits of Freedom warns for the unacceptable risks to
cybersecurity and calls on other countries to strongly oppose
the proposal.
See also: Statewatch analysis: EU agrees rules for remote computer access by police forces but fails, as usual, to mention the security and intelligence agencies (pdf) EU: Welcome to the new world of the interception of telecommunications (link) Statewatch analysis: State Trojans: Germany exports “spyware with a badge” (pdf)
EDRi: Everything
you need to know about data protection (link) Platform
set up by EDRi.org for easy navigation through the different
articles and topics of the Data Protection Regulation proposed
by the European Commission on 25 January 2012.
Statewatch analysis:
The
UK’s planned ‘block opt-out’ from EU justice and
policing measures in 2014 (pdf)
The UK government announced on 15 October 2012 that it intended in principle to take up the option to opt-out from all EU policing and criminal law measures adopted before the Treaty of Lisbon, with effect from 1 December 2014, but then to opt back in to some of these measures. This analysis looks in detail at the legal framework and practical implications of the government’s intentions.
A Campaign Against Depleted Uranium report argues that the the Ministry of Defence has been employing "an aggressive public relations strategy" for over 30 years in an attempt to "manage the public and ministerial perception" of depleted uranium weapons.
EU: Google
privacy policy breaks law, EU data chiefs say (euobserver, link) Search-engine Google
has been ordered to re-write its data collection rules after
EU regulators found that they were in breach of EU data protection
laws.
EU: European Data Protection Supervisor:
Commission v. Austria:
Court of Justice says Austrian data protection authority is not
independent (press release, pdf) Full
judgment (pdf) The Court of Justice of the European Union
ruled that the Austrian Data Protection Authority, the Datenschutzkommisson
(DSK), does not fulfil the requirements of independence as outlined
in the European Data Protection Directive. Peter Hustinx, EDPS,
said:
"Once again, the Court has underlined the legal obligation of complete independence in a data protection authority, this time in Austria. This ruling supports the importance of data protection as a fundamental right and the need for impartiality in order to safeguard it effectively in national law. The court decision is also important for the review of the data protection framework which must strengthen the role of the data protection authorities."
Greece: The
Campaign for access to asylum in Attica: Press
release
(pdf) Full
report
(pdf) The report highlights the unacceptable situation of denial
of access to the asylum system in Greece, focusing on the Attica
area where the vast majority of asylum seekers try to apply for
international protection.
EU: European
Convention on Human Rights: Latest drafts of reform protocols:
Draft
Protocol No.15 (pdf) Draft Protocol No.16 (pdf)
EU: Hungary still not safe for Dublin II migrants:
Note
on Dublin transfers to Hungary of people who have transited through
Serbia (UNHCR, link) The UNHCR reiterated its recommendation
for Dublin II asylum-seekers not to be removed to Hungary six
months after a first report warning against arbitrary detention
and unfair treatment of asylum-seekers in Hungary.
See also: Statewatch analysis August 2012: Was Hungary the first EU country of arrival? Legal responsibility before human rights: a short story on Dublin (pdf)
Swiss
army prepares for euro unrest (euobserver, link): " The Swiss
army is preparing for possible internal civil unrest as well
as waves of refugees from euro-countries as the economic crisis
drags on. Switzerland, a non-EU, non-euro country landlocked
between eurozone states, last month launched a military exercise
to test its preparedness to deal with refugees and civil unrest."
UK-USA: Gary
McKinnon extradition to US blocked by Theresa May
UK: UK
accused of helping to supply arms for Northern Ireland loyalist
killings
(Guardian, link) Allegations that the government helped to arm
loyalist gangs with a large arsenal of weapons at the height
of Northern Ireland's Troubles are to surface in court proceedings
arising from one of the most notorious massacres of the 30-year
conflict.
EU-UK: UK to turn back the clock on EU police co-operation (euobserver, link) British
defence minister Philip Hammond has confirmed reports the UK
will seek to end participation in dozens of EU-level crime-fighting
structures. Update: Home
Secretary Theresa May has confirmed that the government will
opt out of 130 measures (BBC, link)
ACTA: Canada-EU Trade Agreement Replicates ACTA’s
Notorious Copyright Provisions (Electronic Frontier Foundation, link)
The shadow of the Anti-Counterfeiting Trade Agreement (ACTA)
is back in Europe. It is disguised as CETA, the Canada-European
Union and Trade Agreement.
EU: EU states want visas reintroduced for Balkan
countries
(hurriyet website, link) Germany and five other EU states want
the European Commission to allow the reintroduction of visas
for people coming from the Balkans so as to curb soaring asylum
requests, the European Commission said Monday. Serbia offers to pay costs of 'fake' asylum-seekers (euractiv, link) In
an attempt to avoid the re-introduction of visas for Serbian
nationals travelling to the Schengen area, Belgrade said it was
ready to pay Western countries for the extra cost incurred by
"fake asylum seekers" on their territory.
EU: Council
of the European Union: Proposal for
a Directive of the European Parliament and of the Council on
the conditions of entry and residence of third-country nationals
for the purposes of seasonal employment (pdf) Presidency compromise suggestions
for the meeting of Working Party on Integration, Migration and
Expulsion
GREECE: Golden
Dawn Targets Immigrant Children (Greek Reporter, link)
Western Mediterranean
Forum:
From
Tunis in 2003 to Malta in 2012: the first 5+5 Dialogue summit
since the Arab uprising focuses on immigration and security
The Western Mediterranean Forum
(made up of the governments of Algeria, France, Italy, Libya,
Malta, Mauritania, Morocco, Portugal, Spain and Tunisia,) met
in Malta on 5 and 6 October 2012 to take part in the 5+5 Dialogue.
Although working groups on a variety of issues (transport, defence,
migration, home affairs, or the environment) have met regularly
since the Forum's establishment in 1990, the Malta summit was
the first meeting of the heads of states and governments in nine
years
EU:
Slovakian data retention law faces challenge before Constitutional
Court
MPs in Slovakia have launched a
legal challenge against the national law implementing the EU's
Data Retention Directive, arguing that it is disproportionate
and incompatible with the rights to privacy, data protection,
and freedom of speech.
NO COMMENT: Nobel
Peace Prize awarded to European Union (BBC News, link):
The EU given the Prize for its contribution to peace, human rights
and democracy.
EU: EURODAC-LEA ACCESS: The JSB calls upon the Commission
to provide hard evidence to prove that it is necessary for Europol
to access EURODAC data: Joint Supervisory Body (JSB) of Europol
opinion with respect to the European Commission's amended proposal
for a Regulation of the European Parliament and of the Council
on the establishment of EURODAC: Press release (Press release, pdf)
and Opinion (pdf):
"The
European Commission has provided no evidence to prove law enforcement
access to EURODAC is necessary.
The citizens whose data are processed in EURODAC are a vulnerable
group of people whose personal information requires careful handling
and - like all citizens - fair and lawful treatment.
Impact assessments carried out in relation to the proposal provide
no information demonstrating the need for Europol to access EURODAC
data.
Europol should not have greater access to EURODAC data than the
Member States. Member States without access to EURODAC data should
not be allowed to effectively circumvent the law by accessing
EURODAC data via Europol."
EU: EURODAC-LEA ACCESS: Meijers Committee:Standing committee
of experts on international immigration, refugee and criminal
law: Note
Meijers Committee on the EURODAC proposal (COM(2012) 254) (pdf)
"The Meijers Committee strongly opposes the proposal to permit access for law enforcement authorities and Europol to Eurodac, because it breaches fundamental rights. For this reason, the Meijers Committee advises the members of the European Parliament to vote against the proposal."
EU: Article 29 Working Party on data protection:
Opinion
08/2012 providing further input on the data protection reform
discussions
(pdf)
EU:
Collection
of personal data for the EU's Visa Information System spreads
further across the globe
In October 2011, the consulates
of Schengen states in Algeria, Egypt, Libya, Mauritania, Morocco
and Tunisia began inserting the personal data collected from
visa applicants into a new computer system. Residents of the
North African countries wishing to visit the Schengen area were
the first to be targeted for one of the EU's high-tech border
control systems, the Visa Information System (VIS). One year
on, the VIS has been launched in two further regions (covering
the Middle East, Afghanistan, Iran and the Arabian Gulf), with
current plans for global coverage by the end of 2013.
EU: CLEAN
IT: the secret EU surveillance plan that wasn’t (Open Democracy, link) by Ben Hayes
EU: EveryOne Group, Eritrean Youth
Solidarity for Change (EYSC) and NGO Gandhi: An
Appeal to Activate Efficient Programmes for Rescuing Refugees
at Sea (link) and
Commission
reply (link)
EU: DATA PROTECTION:
Fundamental Rights Agency: Opinion
of the European Union Agency for Fundamental Rights on the proposed
data protection reform package (pdf)
EU: MARKET ABUSE: European Parliament:
Market abusers
should face jail, say economic affairs MEPs (pdf). The
Commission proposal does not specify minimum penalties for criminal
bankers at all, nor does the Council draft.
Greek
police collude with fascist Golden Dawn group: (wsws.org, link)
UN: ITALY: Italy:
UN Special Rapporteur on the human rights of migrants concludes
his third country visit in his regional study on the human rights
of migrants at the borders of the European Union: Italy
(pdf):
"In relation to the Greek border, Italian authorities confirmed that they are preventing irregular migrants from disembarking from vessels arriving from Greece, thus forcing them to return to Greece... the application of a maximum period of detention of 18 months, although provided for under the EU Return Directive, is excessive in order to identify someone...I am also concerned that there is no general authority with investigative powers to monitor the activities of all places where migrants are held."
UK-EU: Opting
out of EU Criminal law: What is actually involved? (pdf)
by Alicia Hinarejos, J.R. Spencer and Steve Peers
"Protocol 36 to the Lisbon Treaty gives the UK the right to opt out en bloc of all the police and criminal justice measures adopted under the Treaty of Maastricht ahead of the date when the Court of Justice of the EU at Luxembourg will acquire jurisdiction in relation to them. The government is under pressure to use this opt-out in order to “repatriate criminal justice”.
EU: Council of
the European Union: Judicial cooperation with Southern Neighbours
& EU-Russia cooperation: criminal matters
- Current legal and practical issues, obstacles and best practices in the field of judicial cooperation in criminal matters between the EU Member States and the Southern neighbours of the EU (Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestinian Authority, Syria and Tunisia) and possible further steps (Doc no: 14328-12, 72 pages, pdf): A summary of the current legal and practical issues, obstacles and best practices in four areas of judicial cooperation in criminal matters (mutual legal assistance, extradition, transfer of criminal proceedings and transfer of sentenced persons) between the EU Member States and the Southern neighbours of the EU (Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestinian Authority, Syria and Tunisia). Detailed Member State responses. For many questions the current answer is:
"A considerable number of Member States have little or no experience with Southern neighbours of the EU."
- EU-Russia cooperation in criminal matters (Doc no: 14316-rev1-12, 38 pages, pdf). Detailed Member States responses
EU: Council of
the European Union: ECJ FRONTEX ANNULLMENT and EURODAC: LEAs
access to database
- ECJ-FRONTEX-Legal Service: Judgment of the Court of Justice of 5 September 2012 in Case C-355/10 (European Parliament v. Council of the European Union) - notion of essential and non-essential elements (pdf):
"By judgment of 5 September 2012, the Court (Grand Chamber) annulled Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union ("the contested Decision") on the grounds that it contains essential elements and that only the European Union legislature would have been entitled to adopt such a decision."
- EURODAC-LEA-ACCESS: Amended proposal
for a Regulation of the European Parliament and of the Council
on the establishment of EURODAC' for the comparison of fingerprints
for the effective application of Regulation (EU) No […/…]
(establishing the criteria and mechanisms for determining the
Member State responsible for examining an application for international
protection lodged in one of the Member States by a third-country
national or a stateless person) and to request comparisons with
EURODAC data by Member States' law enforcement authorities and
Europol for law enforcement purposes and amending Regulation
(EU) No 1077/2011 establishing a European Agency for the operational
management of large-scale IT systems in the area of freedom,
security and justice (Recast version) (Doc no: 14519-12,109
pages, pdf). Council position ready to go to COREPER prior to
starting trilogue with the European Parliament.
- EURODAC-LEA ACCESS: As
above: joint letter from the German, Finnish and Austrian delegations
to the Chair of the Asylum Working Party. (pdf). Concerns
prior access to PRUM data before using EURODAC (access to finger-prints).
The documents explains the background to the revision of recital
26 re the requirement of the use of the Prum system prior to
police access to Eurodac. The consequence of this wording is
that the UK police could not have access to Eurodac unless the
UK opted back in to the Prum Decision after the planned block
opt-out, also Swiss police could not have such access either
(on the other hand, the EU has a treaty with Norway and Iceland
on Prum)
EU: Council of
the European Union: VIS, International protection, Dublin
III comitology & Migratory Pressures
- VIS - state of play (Doc no: 14505-12, pdf). Visa Information System, VIS) Friends of VIS fail to agree on extension to cover all "remaining regions and third countries, including China, India and Russia."
- Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] (Doc no: 14259-12, 299 pages, pdf). Four column document: Commission proposal, EP position, Council position, Proposed "compromises".
- Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast) (Doc no: 14520-12,pdf) Council position for COREPER to agree prior to first informal trilogue with European Parliament on the “comitology” aspects of Dublin III.
- EU
Action on Migratory Pressures - A Strategic Response Draft Biannual
Update (36 pages, pdf)
EU: Western
Balkan states held back by lawlessness (euobserver, link)
and see: European Commission: Enlargement
Strategies and Main Challenges 2012-2013 (Commission
Internal, pdf)
EU: Council of
the European Union: Common
European Asylum System - State of play (pdf)
EU: EUROPEAN
ARREST WARRANT: FINLAND, DENMARK & SWEDEN: Council of the
European Union: Notification
by Finland according to Article 31.2 of the Council Framework
decision of 13 June 2002 on the European Arrest Warrant and the
surrender procedures between Member States (pdf):
"On 15 December 2005,
Denmark, Finland, Iceland, Norway and Sweden signed the Convention
on the surrender procedures between the Nordic countries (the
Nordic Arrest Warrant). The Convention will enter into force
16 October 2012.
The Convention stipulates a closer cooperation between the Nordic
countries than the Council Framework Decision on the European
Arrest Warrant. Therefore, the Convention will be used in surrender
procedures between Denmark, Finland and Sweden instead of the
Council Framework Decision on the European Arrest Warrant."
EU: Council of
the European Union: Military Command and Control, JCOs and
Auditors letter on Home Affairs funding
- EU
Concept for Military Command and Control (Declassified
from Restricted, 10688-rev-5-12, pdf) "EU Concept for
Military Command and Control, which was agreed by the EUMC on
12 June 2008." (EUMC= EU Military Committee)
- Guide
for Joint Customs Operations (JCOs) (10837-rev-2-12,
pdf) "Delegations will find below an updated version
of the Guide for Joint Customs Operations (JCOs) prepared by
the Danish delegation reflecting the latest changes of the “Joint
Customs Operations (JCO) Recommendation monitoring file”1
and the revised tactical objectives and risk areas approved at
the CCWP/Experts meeting held on 12 June 2012."
- The
Commission proposals in the field of Home Affairs (period 2014-2020)
- Letter from the Court of Auditors (14100-12, pdf)
EU: European Commission:
Report on the implementation
of Regulation (EC) o 862/2007 on Community statistics on migration
and international protection (pdf)
EU: Council of
the European Union: Report
of the Schengen Joint Supervisory Authority on the follow-up
of the recommendations concerning the use of Article 99 alerts
in the Schengen Information System (pdf):
"The overall conclusion is that most participating Schengen States must still invest in cooperation procedures in the area of law enforcement at national level to ensure that all conditions are in place allowing an Art. 99 alert to be made. While the procedures when reviewing these alerts – either after six months or close to the retention period – may be sufficient, this is not the situation preceding the alert."
European Parliament:
Study: Reforming the Data
Protection Package (92 pages, pdf)
COUNCIL OF EUROPE:
EU ACCESSION TO ECHR: Second
Negotiation meeting between the CDDH AD HOC Negotiation Group
and the European Commission on the accession of the EU to the
European Convention on Human Rights (pdf)
ITALY: Two bugs found
at the anarchist space 76/A (Act For Freedom Now!)
UK: Two
years on and no justice for Jimmy Mubenga (IRR News Service,
link): "Next week, anti-G4S campaigners will mark the
two years since the death of Jimmy Mubenga during a forced deportation
on 12 October 2010."
EU: A study coordinated by France terre d’asile: Right
to asylum for unaccompanied minors in the European Union
(225 pages, 8MB, link), Synthesis
in English and in French
(link) and see Childrens Society: Into
the Unknown: Children’s journeys through the asylum process
(link)
EU: European Commission Report: Mid-term
report on the implementation of the Action Plan on Unaccompanied
Minors
(COM 554-12, pdf), Commission
Staff Working Paper (SWD 281-12, pdf) and Press
release
(pdf)
Council of Europe: Parliamentary Assembly: The
definition of political prisoner (pdf) and Debate (pdf)
EP-FRA: Letter from the Fundamental Rights Agency
to the LIBE Committee: Media pluralism (pdf)
You
look foreign: bring your passport, it's what the UKBA would want (Times Higher Education, link) Overreaction
to the London Met case has exacerbated institutional racial harassment,
Scott Poynting and Ann Singleton argue
EU: War
games: The EU tests its "crisis management" procedures:
From 1 to 26 October, the EU and Member State institutions will undertake Multi Layer 2012, a crisis management exercise based on "the deteriorating security and humanitarian situation in a fictitious region, where the states of 'Nusia' and 'Recuria' face the challenge of post-conflict transition, as well as issues such as border delimitation, landmines and maritime piracy."
EU: Over
29,000 subject to checks at Polish borders during Euro 2012
Nearly 29,000 people were checked
at the Polish borders in June and July this year, following the
reintroduction of border controls for the Euro 2012 football
tournament. Documents obtained from the Council of the European
Union show that 7,217 vehicles, 221 planes, 19 trains and 5 ferries
were subjected to border checks between 4 June and 1 July.
EU: ACCESS BY LEAs to EURODAC: Draft
EP report
(pdf) The rappporteur, Monica Luisa Macovei MEP (PPE) proposes
no significant changes to the Commission proposal. The measure
concerns giving law enforcement agencies access to Eurodac which
holds the finger-prints of asylum applicants and uindocumenrted
migrants. However, see: European Data Protection Supervisor:
EURODAC:
erosion of fundamental rights creeps along (Press release, pdf)
and Opinion (pdf)
September 2012
EU: European Arrest Warrant statistics: Replies
to questionnaire on quantitative information on the practical
operation of the European arrest warrant – Year 2011 (9200/6/12, pdf)
SPAIN: Madrid
Protests: Police Admit 'Secret' Agents But Deny Provocation (link) Spain's National
Police Headquarters admitted on Wednesday that a number of secret
agents infiltrated Tuesday's protests against the conservative
government, according to El Huffington Post, though police denied
social media rumors that secret agents had provoked the violence.
EU: Council of the European Union:
Council
Framework Decision 2008/675/JHA of 24 July 2008 on taking account
of convictions in the Member States of the European Union in
the course of new criminal proceedings (14292/1/12, pdf)
EU: FRONTEX Fundamental Rights Strategy:
Statewatch
and Migreurop’s joint submission to the Ombudsman of the
European Union (pdf) and French (pdf).
“Frontex has adopted a restrictive approach to the human
rights impact of its activities, and put forward a strategy where
preventive mechanisms remain weak and where redress mechanisms
are absent. In so doing, Frontex seems to fall short of two of
its commitments presented in its reply to the Ombudsman: a “zero
tolerance policy” and the mainstreaming of fundamental rights
into all Frontex activities.
We thus argue that the understanding of the human rights risks in the context of Frontex operations may be underestimated and that the proposed safeguards are unsatisfactory as a result”.
UK: Britain's
military drones spending tops £2bn - UK spent £2bn
on developing military drones in the past five years and is poised
to commit an extra £2bn, claims report (Guardian, link), see
report: Shelling
Out: UK Government Spending on Unmanned Drones (Drones War UK, link)
UPDATE: European Court of Justice:
The
minimum conditions for the reception of asylum seekers must be
granted by the Member State in receipt of an application for
asylum even when it calls upon another Member State which it
considers to be responsible for the examination of the application (Press release, pdf):
"That obligation applies, in general, from when the asylum
application is lodged until the actual transfer of the asylum
seeker to the Member State responsible." and Advocate
General: Opinion (pdf) and Full-text
of the judgment (pdf).
UPDATED: Why
we in the UK shouldn’t celebrate these extraditions (openDemocracy, link)
by Ben Hayes
UK-USA: Abu Hamza loses fight against extradition to the US - Major terror suspects may be moved in days as European court ends eight-year legal battle (Guardian, link): "The European court of human rights has cleared the way for the extradition to the United States of five terrorism suspects, including Abu Hamza al-Masri and Babar Ahmad, after legal battles dating back to 2004." See also: Statewatch Analysis: The new UK-US Extradition Treaty - removes or restricts key protections for defendants - signed and adopted with no parliamentary scrutiny by Ben Hayes
Common European Asylum System: LIBE
Committee adopts Reception Directive and the Dublin III Regulation
As the deadline set for the adoption of a Common European Asylum
Office is approaching (end of 2012), negotiations have reached
the final stage of the "trilogue" between the Council
and the European Parliament. Two of the measures were endorsed
by the LIBE Committee on 19 September 2012: the Dublin III Regulation
and the Reception Directive. Although some important changes
were adopted which will likely improve the EU asylum system,
significant elements remain at stake especially regarding access
to social and economic rights, to free legal assistance, and
the protection against disproportionate detention.
Germany: Border
control and deportation operations to Belarus The German magazine Junge Welt published
on 30 August 2012 an article which looks at cooperation between
the German police (Bundespolizei) and Belarus in border control
and return of irregular migrants. German cooperation is part
of wider cooperation at an EU level with the former Soviet republic.
EU-SERBIA: Serbia is "no
longer a safe third country" but Commission says that readmission
"functions smoothly": Deportations of asylum-seekers from the EU to
Serbia look set to continue, despite the United Nations High
Commissioner for Refugees (UNHCR) stating last month that the
Balkan nation should no longer be considered a safe third country
to which to return asylum seekers.
Spain: Police
Brutality Turns Streets of Madrid Into War Zone (Occupy, link) and Popular
discontent boils in Spain (euractiv, link)
EU: Meijers Committee: Note
on the latest Presidency text on the proposal for a Directive
on the conditions of entry and residence of third-country nationals
for the purposes of seasonal employment (COM(210)379) (pdf):
UK-USA: Abu
Hamza loses fight against extradition to the US - Major terror
suspects may be moved in days as European court ends eight-year
legal battle
(Guardian, link): "The European court of human rights
has cleared the way for the extradition to the United States
of five terrorism suspects, including Abu Hamza al-Masri and
Babar Ahmad, after legal battles dating back to 2004."
See also: Statewatch Analysis: The
new UK-US Extradition Treaty - removes or restricts key protections
for defendants - signed and adopted with no parliamentary scrutiny by Ben Hayes
Drones:
the west's new terror campaign-The CIA's Predator drones are
bringing to Pakistan the same horror that Hitler's doodlebugs
inflicted on London (Guardian link) by Clive Stafford Smith
INSTITUTE OF RACE RELATIONS (IRR):
The
market state vs the good society: A. Sivanandan shows how neoliberalism
has transformed the state and the challenges this poses for the
Left
FRANCE: Manuel
Valls’s scepticism on reforming identity checks is deplorable:
An in-depth reform is necessary, urgent and realistic (Press release, pdf)
signed by Gisti, Graines de France, Human Rights Watch, Ligue
des Droits de l'Homme, Maison pour un Developpement Solidaire,
Open Society Justice Initiative, Syndicat des Avocats de France
and Syndicat de la Magistrature.
EU: What is "SECRET
UE" anyway? (euobserver, link): "EU countries have
a protocol for sharing official "secrets." But people's
motives for classifying EU files are not always pure and the
number of really hush hush papers in Brussels is tiny."
and see: Intelligence chief:
EU capital is 'spy capital' (euobserver, link)
EU: EURODAC-EUROPOL:Council of the
European Union: Note
explaining the need for EUROPOL to be able to request the comparison
with EURODAC data for the purposes of preventing, detecting and
investigating terrorist offences and other serious criminal offences (pdf) Europol tries
to make the case for access to the EURODAC database of the fingerprints
of asylum-seekers in order to track down organised criminal gangs,
traffickers and victims. It provides two insrtances to back up
its case, which were solved without access to EURODAC. No case
is made to suggest that its request is proportionate and there
is an underlying assumption that all asylum-seekers should be
checked to see if they are offenders. It is further impled that
Europol, as the "EU criminal information hub", should
have access to all personal data wherever it may reside in the
EU. See also:
European Data Protection Supervisor: EURODAC: erosion of fundamental rights creeps along (Press release, pdf) and Opinion (pdf): Peter Hustinx, EDPS, says: “Just because the data has already been collected, it should not be used for another purpose which may have a far-reaching negative impact on the lives of individuals. To intrude upon the privacy of individuals and risk stigmatising them requires strong justification and the Commission has simply not provided sufficient reason why asylum seekers should be singled out for such treatment."
EU: VIS (Visa Information System):
VIS
- state of play (pdf) A good illustration of the role the Council
plays in implementation and see also the reference to the shadowy
"FoVIS" (Friends of VIS) and Commission
Implementing Decision of 21 September 2012 determining the date
from which the Visa Information System (VIS) is to start operations
in a third region (pdf)
UK:
Institute of Race Relations: IRR News Service: Collectively
opposing stop and search (link) by Danny Reilly: A collective
of sixteen organisations has launched a campaign against current
stop and search policy.
Update: EU: Police
to 'patrol' Facebook and Twitter for terrorists under EU plan
- Police across Europe will "patrol" Facebook, Google
and Twitter for postings supporting terrorism under an EU project
detailed in a leaked report (Daily Telegraph, link)
EU: EDRI: Clean IT – Leak shows plans for large-scale, undemocratic surveillance of all communications (link): "A leaked document from the CleanIT project shows just how far internal discussions in that initiative have drifted away from its publicly stated aims, as well as the most fundamental legal rules that underpin European democracy and the rule of law." See: Clean IT Project: Full-text (23 pages, pdf)
DUBLIN: Public meeting organised by
the Centre for Irish & European Security (CIES) and Statewatch:
'Are
governments out of their depth with new communications and surveillance
technology' - ‘Democratic institutions can no longer govern
modern communications and surveillance technology.’ (Press release, pdf):
Speakers include: Tony Bunyan is the founder and director of
Statewatch, one of the EU’s foremost civil liberties watchdog
groups, Gus Hosein is the executive director of Privacy International,
and has held visiting fellowship positions at Columbia University
and the LSE, Ben Wizner is the Director of the Speech, Privacy
& Technology Project at the ACLU, America’s leading
civil liberties group.The panel debate will begin at 19:00 in
the European Parliament Office in Ireland, 43 Molesworth Street,
Dublin 2, with a drinks reception at 18:30.
EU-CIA: Italy
upholds rendition convictions for 23 Americans - Ruling is world's
first judicial review of CIA practice of abducting terror suspects
and transferring them to third countries (Guardian, link)
EU: European Group for the Study of
Deviancy and Social Control: 40th Annual Conference in Nicosia,
Cyprus, 5-9 September 2012: Opening
plenary session video (link) with Emma Bell, the new Group Coordinator,
Keynote speech by Tony Bunyan, Statewatch Director, and discussion
EU: DATA PROTECTION: Privacy International:
Summary
analysis of European Commission proposal for a general Data Protection
Regulation
(pdf) and Summary
analysis of European Commission proposal for a Data Protection
Directive in the law enforcement sector (pdf)
EU:
Call for full political and economic union: Final
Report of the Future of Europe Group: of the Foreign Ministers
of Austria, Belgium, Denmark, France, Italy, Germany, Luxembourg,
the Netherlands, Poland, Portugal and Spain (pdf)
The document sets out the "federal" project and includes proposals for "the protection of the Schengen areas external borders be strengthened (by creating a European Border Police) - FRONTEX to control all EU external borders? And to aim for a "European Defence Policy" with "the creation of a single market for armament projects." For some members of the Group the creation of a "European army" is needed. Some members of the Group want a directly elected Commission President "who would personally appoint the members of his [sic] "European Government" The rise of "nationalism and populism" requires, not the implementation of Article 7 of the Lisbon Treaty (under which a Member State can be suspended), but "a new light mechanism".
See: Ministers issue blueprint for stronger union (European Voice, link): "The European Union needs more powers to oversee national budgets, a directly elected president of the European Commission and a police force to guard its external borders, according to a report by the foreign ministers of 11 member states." and see: 11 European Foreign Ministers Call for Greater Integration (IHT, New York Times, link) plus EU heavyweights call for radical foreign and defence policy overhaul - Five of six biggest EU countries back plans which include pan-European foreign ministry and majority voting to bypass UK veto (Guardian, link)
UK:
Campaigners
announce week of action against manufacturers and users of drone
technology
"In October, campaigners
across the UK will undertake a week of demonstrations, talks,
petitioning and other events "to protest against the growing
acquisition and use of armed drones" by militaries across
the world. The use of drones has increased rapidly in the last
few years, with a recent report from the US Congress stating
that between 2005 and 2011, the number of countries in possession
of drones rose from 41 to at least 76, [1] although only the
UK, US and Israel have so far used armed drones."
EU: Data
protection watchdog calls for single definition of 'illegal content'
across EU
(Out-law, link): "The European Commission should define
what is meant by "illegal content" in order enable
content 'hosts' to better understand what responsibilities they
have to remove or disable access to such material, an EU privacy
watchdog has said"
EU: Mid-term review: DG
Justice and the Stockholm programme (pdf)
GREECE: Migrant
centers slated for islands (ekathimerini, link): "Authorities
have decided to set up four new reception centers for immigrants
on islands of the Aegean to tackle a rising influx of would-be
migrants into Greece by sea that has been prompted by more effective
policing along the Turkish land border. The decision to set up
the centers -- which, Kathimerini understands, will be located
on Chios, Lesvos, Samos and Rhodes..."
EU: SECURITY INDUSTRY: Commission
Staff Working Paper: Security
Industrial Policy (SWD 233-12, 136 pages, pdf). See also: Communication
on Security Industrial Policy: Action Plan for an innovative
and competitive Security Industry (pdf) and The
Commission presents an Industrial Policy for the Security Industry (Press release, link)
EU: European Data Protection Supervisor:
EDPS
formal comments on DG MARKT's public consultation on procedures
for notifying and acting on illegal content hosted by online
intermediaries (pdf):
"The EDPS supports the Commission's initiative aimed at better defining and harmonising the conditions under which notice-and-action should take place. He however underlines that notice-and-action procedures must respect fundamental rights, including the rights to data protection and to privacy which are notably protected under Articles 7 and 8 of the Charter of Fundamental Rights of the EU, in Article 16 of the Treaty on the Functioning of the EU, and in Directive 95/46/EC and Directive 2002/58/EC."
GREECE: Illegal
Migrant Killed During Car Chase Near Border with Turkey (Greek Reporter, link)
UK-EU: Manchester
airport to abandon 'naked' security scanners - Airport to stop
using controversial backscatter scanners which produce naked
body image after Brussels fails to approve trial (Guardian, link) Contrary
to this story Manchester airport is not the only one in the EU
to use body scanner - they have been in place in Schipol, Netherlands
for ages.
EU: Intelligence chief:
EU capital is 'spy capital' (euobserver, link) and Belgian
intelligence chief talks to EUobserver: transcript (link)
UK: The
Intelligence Role of Police Liaison Officers (Netpol, link) and see:
Police
liaison officers accused of harassing activist video: Sussex police liaison
officers are accused of going to a woman's home and grilling
her on her membership of UK Uncut and about future protests.
The video has been released as part of wider criticism that PLOs
are abusing their role to gather intelligence about activists
and intimidate them (Guardian, link)
UK: Ian
Tomlinson case: PC Simon Harwood sacked for gross misconduct
- Officer's actions at G20 protest discredited police service
and undermined public confidence, rules disciplinary panel (Guardian, link)
UK: 'The
Second Torture: the immigration detention of torture survivors' (Medical Justice, link)
CoE: Council of Ministers: Resolution
CM/ResCSS(2012)8 on the application of the European Code of Social
Security and its Protocol by Greece (pdf)
"Taking
into account the gravity of the situation, the Committee of Ministers,
in assessing the application by Greece of the European Code of
Social Security, draws the attention of all the parties implementing
the support mechanism for Greece to the need to maintain social
security benefits at the minimum levels prescribed by the Code,
prevent the impoverishment of the population and preserve social
peace;
Finds that the social austerity measures taken in law and practice
culminating from the adverse fiscal and economic situation of
Greece are affecting the sustainability of the national social
security system, while the reduction of many social security
benefits risks to undermine the application of all accepted
parts of the Code."
See also: Greek protests enter menacing phase (The Observer, link) As Greece's government wrestles with the prospect of more austerity, anger and fear are darkening the streets
EU: Council Presidency: Press
Release - A positive step forward
"The Cyprus
Presidency welcomes the decision of the Conference of Presidents
of the European Parliament yesterday to resume work on five legislative
proposals by the European Commission in the field of Justice
and Home Affairs. The decision allows the negotiations between
the European Parliament and the Council to continue on the five
dossiers."
USA: Government Accountability Office
(GAO): Unmanned
Aircraft Systems: Measuring Progress and Addressing Potential
Privacy Concerns Would Facilitate Integration into the National
Airspace System (pdf)
"obstacles
still exist and include the inability for UAS to sense and avoid
other aircraft and airborne objects in a manner similar to manned
aircraft; vulnerabilities in the command and control of UAS operations;
the lack of technological and operational standards needed to
guide safe and consistent performance of UAS; and final regulations
to accelerate the safe integration of UAS into the national airspace
system....
Stakeholder privacy concerns include the potential for increased
amounts of government surveillance using technologies placed
on UAS, the collection and use of such data, and potential violations
of constitutional Fourth Amendment protections against unreasonable
search and seizures. Currently, no federal agency has specific
statutory responsibility to regulate privacy matters relating
to UAS for the entire federal government."
ECJ-MANDATORY DATA RETENTION: EU Commission
v Germany: Action
brought on 11 July 2012 - European Commission v Federal Republic
of Germany
(pdf)
EU: Commission
scraps 'right-to-strike' law plan: Decision follows months of
opposition in European and national parliaments (European Voice, link)
EU: Proceeds of crime:European Commission:
Proposal
for a Directive on the freezing and confiscation of proceeds
of crime in the European Union (pdf) and Draft
EP report
(pdf)
EU: Commission
wants drones flying in European skies by 2016
It is "imperative for the
EU to take action now" to ensure that drones can fly
in civil airspace alongside manned aircraft by 2016, according
to a working paper recently released by the European Commission.
A raft of measures are suggested that will allow state authorities
and private enterprises to fly drones with ease, in order to
ensure that European industry gets a slice of the profits from
the emerging global market for unmanned aircraft, and to secure
"important benefits to European citizens and the European
economy as a whole." But despite brief mention of the
ethical and political concerns raised by widespread domestic
drone usage, the document largely treats the issue as a technical
exercise.
EU: "Ambitious,
yet realistic": Europol seeks to further increase in its
role in European policing
Europol's Work Programme for 2013 outlines the agency's plans for the year ahead, and shows a significant focus on enhancing and expanding its role in European police intelligence, operations and training in order to support both Member States, and EU institutions in their increasing role in both internal and external security matters.
EU-EUROSUR: The Meijers Committee:
Standing committee of experts on international immigration, refugee
and criminal law: Note
on the proposal for a Regulation establishing the European Border
Surveillance System (COM (2011)0873) (pdf): "The Meijers Committee
suggests that:
1. The goal of Eurosur to protect the lives of migrants should
be guaranteed in the recital and in Article 1 of the Regulation;
2. The scope of Article 12a (2) (b) on the processing of personal
data with regard to the powers based upon the Frontex Regulation
should be clarified;
3. Amendment 40 of the draft report by Jan Mulder should be accepted
as it includes the protection of lives of migrants in the exchange
of information with neighbouring States;
4. Amendment 46 of the draft report by Jan Mulder should be accepted
as it extends the content of the evaluation explicitly to the
processing of personal data;
5. The reference to migrant profiles in Article 9(6) (c) and
Article 10 (5bis) (c) should be deleted or an explicit reference
must be made in accordance with Article 20 of the proposed General
Data Protection Regulation (COM (2012) 9,10 and 11);
6. Article 10 (5bis) on the classification of information on
own assets in the operational layer of the European situational
picture as EU restricted should be deleted;
7. Article 18bis should be deleted from the current draft by
the Council, as long as there is no decision of the Council by
which United Kingdom and Ireland are allowed to participate in
measures building upon the Schengen acquis."
See also EP report
EU: Migreurop: A
critical Chronology of European Migration Policies by Alain Morice (CNRS-Université
Paris-Diderot and Migreurop network)
"This chronology seeks to make it easier to understand European migration and asylum policies through a time-framed comparison of the evolution of the legal framework (columns A1 to A3), the public discourse (B1) and the facts (B2). The table is updated twice a year.
French version (link), Italian version (link) and Spanish version (link)
EU: CIA: Press release from Sarah
Ludford MEP: EU
states complicit in CIA led rendition and torture must be held
accountable
(pdf)
"Speaking at a debate of the European Parliament yesterday on her follow-up report into alleged transportation and illegal detention of prisoners in European countries by the CIA, Liberal Democrat European justice & human rights spokeswoman Sarah Ludford criticised Member States for failing to meet their obligations to carry out full, independent inquiries to investigate human rights violations."
And see: EU
states must re-open CIA rendition cases, MEPs say (euobserver, link)
EU: Fundamental Rights Agency: Detention
of third-country nationals in return procedures (72 pages, pdf)
EU: Justice and Home Affairs Council:
Cancelled? It has been noticed that references to the planned
JHA Council on 20 September (see draft Agenda below) have been
dropped from the Council's "Main topics for the coming
fortnight: 10 - 23 September 2012" which now lists a
"Informal meeting of Justice and Home Affairs ministers"
in Nicosia, Cyprus on 19-20 September. This most unusual step
is referred to in a press report: Justice
and Home Affairs Council on 20 September cancelled (link):
"The Justice and Home Affairs Council scheduled for 20 September, at which Bulgaria and Romanias Schengen accession was supposed to be discussed, was cancelled, the BNR learned from diplomatic sources in Brussels. The reason, according to the sources, is that there are no other important decisions on the Schengen topic in the Councils agenda and there is also no chance for a positive outcome for the two countries at this stage."
EU: Council of the European Union:
Justice and Home Affairs Council, 20 September: Draft
"A" Points" agenda: legislative and non-legislative (pdf)
EU: European Data Protection Supervisor:
EURODAC:
erosion of fundamental rights creeps along (Press release, pdf)
and Opinion (pdf):
"The
European Data Protection Supervisor (EDPS) adopted his opinion
on the amended Commission proposal for a Regulation of the European
Parliament and of the Council on the establishment of 'EURODAC'
for the comparison of the fingerprints of asylum seekers.
A significant addition to this amended proposal is the access
to EURODAC data by law enforcement authorities. While the EDPS
understands that the availability of a database with fingerprints
could be a useful additional tool in combating crime, this amendment
is a serious intrusion into the rights of a vulnerable group
of people in need of protection and he asks if such access is
really necessary.
Peter Hustinx, EDPS, says: Just because the data has already been collected, it should not be used for another purpose which may have a far-reaching negative impact on the lives of individuals. To intrude upon the privacy of individuals and risk stigmatising them requires strong justification and the Commission has simply not provided sufficient reason why asylum seekers should be singled out for such treatment."
UK: Book Launch: ILPA, Pluto Press
and the Institute of Race Relations: Borderline
justice: the fight for refugee and migrant rights by Frances
Webber
(pdf)
EU: Council Decision 2010/252 supplementing
the Schengen Borders Code on sea surveillance at the external
borders during Frontex operations should be annulled, as
decided by the European Court of Justice on 5 September 2012 after examining the
request for annulment lodged by the European Parliament in July
2010.
The Court followed the opinion of the ECJs General Advocate Paulo Mengozzi from 17 April 2012 (see: Statewatch analysis)
The court found that the Decision modified essential elements of the Schengen Borders Code and as such should not have been decided by regulatory procedure, rather the legislative procedure should have been followed (i.e. with the European Parliament acting as a co-legislator). Council Decision 2010/252 gives border guards operating during a Frontex sea operation considerable powers in the interception, search, rescue of migrants at sea and in their diversion to non-EU waters. It will remain in force until a new text is adopted following the appropriate legislative procedure. This new decision, especially in light of the ECHR ruling in Hirsi v Italy in February 2012, may have an important impact on the clarification of Frontexs search and rescue obligations and its liability regarding the respect of fundamental rights, whether in EU waters or during operations in high seas and in the territorial waters of third states.
Statewatch analysis: Securitising
maritime transport: shipping merchandise and dealing with stowaways (pdf)
Pressure arising from international, EU and national measures implemented to counter illegal migration has led to changes in maritime transport practices. Shipping companies and ports are motivated to get rid of stowaways quickly and by any means possible, and have adopted informal operational practices to this end. Increasingly, stowaways are becoming pawns in a game managed on the basis of practical considerations rather than the law.
EU: Council of the European Union:
Historical documents: ACTA (2007) & Integrated Police
Units (IPUs, 2004)
- ACTA (2007) Recommendation from the Commission to the Council to authorise the Commission to open negotiations of a plurilateral anti-counterfeiting trade agreement (Declassfied from Restricted, pdf)
- Committee for Civilian Aspects of Crisis Management (2004): Guidelines for rapid deployment of Integrated Police Units - IPUs - in the initial stage of an EU-led substitution mission and interoperability of IPUs and Police Headquarters (65 pages, Partially Declassified, pdf)
EU: Council of the European Union:
Domestic Violence
- Police and domestic violence: Outcome of the CEPOL Presidency Conference on overcoming attrition in domestic violence through policing held on 10-12 July 2012 in Limassol (Cyprus) (pdf)
EU: Council of the European Union:
Drugs Strategy, CT and Pakistan, Road traffic offences data
exchanges
- Draft EU Drugs Strategy (2013-2020) (pdf)
- EU Counter-Terrorism/Security Strategy on Pakistan (pdf)
Statewatch analysis: Complex,
technologically fraught and expensive - the problematic implementation
of the Prüm Decision (pdf)
The implementation of the Prüm Treaty has been beset with technical and administrative problems with most Member States still unable to share data. Centralised EU bodies and working groups on information exchange have been created to speed up the implementation process and provide coordination and oversight.
Statewatch analysis: Growing
racism in the EU not just a Member State issue (pdf)
Ethnic profiling on the basis of security concerns is not new. However, as the European Commission struggles to get the Anti- Discrimination directive adopted and the European Union attempts to upgrade equality standards in all Member States, less attention has been paid to the growing role ethnic profiling plays in European policy-making. Whether at national or EU level, the logic of targeting certain communities to better protect ourselves seems to be gaining ground.
Italy/Libya: Documents
unveil post-Gaddafi cooperation agreement on immigration
On 18 June 2012, Turin-based newspaper La Stampa published the official record of the meeting between a delegation led by the Italian interior minister and the Libyan authorities in Tripoli on 3 April 2012 concerning cooperation in stemming flows of so-called illegal immigrants into Italy. It shows that agreements that were reached in the following fields: training; reception centres; border monitoring; voluntary returns and repatriation; setting up a residents register; and mechanisms to monitor and coordinate progress.
EU:
European Commission: EU-ICAO & European migration Network
- Proposal for a Council Decision: on the position to be taken by the European Union within the EU-ICAO Joint Committee, concerning the Decision on the adoption of an Annex on aviation security to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organisation providing a framework for enhanced cooperation (pdf)
- EMN: Report on the Development of the European Migration Network (COM 427-12, pdf)
EU:
European Commission: Access to documents: Report
on on the application in 2011 of Regulation (EC) No 1049/2001
regarding public access to European Parliament, Council and Commission
documents (COM 429-12, pdf)
August 2012
EU:
Access to documents: Europol: confirmatory
application with regard to Dutch MEP Sophie In 't Veld's request
for access to the final inspection report on the implementation
of the Terrorist Financing Tracking Programme (TFTP) Agreement
by Europol (pdf) Press
release concerning the confirmatory application (pdf)
UK:
London
Met banned from enrolling overseas students (Times Higher
Education, link) The UK Border Agency has revoked London Metropolitan
University's licence to sponsor overseas students, a move that
means the institution cannot continue to teach its existing 2,600
students from outside the EU. London
Met decision: ill-judged, badly timed and poorly executed
(Guardian, link). See also: Statewatch analysis: New
immigration system forces UK academics to act as "an extra
arm of the police" (June 2009, link)
EU: Statewatch analysis: Was
Hungary the first EU country of arrival? Legal responsibility
before human rights: a short story on Dublin II (pdf)
The Austrian Asylum court has been requested to ask the European Court of Human Rights (ECHR) whether the removal of an asylum-seeker to Hungary in application of the Dublin Regulation should be suspended. Despite serious concerns expressed by the Helsinki Committee in Hungary and the UNHCR based on well-documented evidence that the rights of asylum-seekers, refugees and migrants are violated in Hungary, no mention was made of the risk of the claimant being mistreated upon return to Hungary. The decision of the constitutional court remained purely technical: was Hungary the first EU country to be entered or not?
Germany: Anti-fascist
camp banned in Dortmund A
summer camp for anti-fascist activists has been banned by local
authorities a day before the camp was scheduled to start in Dortmund.
Statewatch can reveal the existence of a previously unknown international police working group geared towards discussing and developing covert investigative techniques. At the same time parliamentary questions in Germany have seen further details of other police networks emerge - although many questions remain unanswered - in particular on the work and activities of former policy infiltrator Mark Kennedy.
UK: Statewatch analysis: Nationwide
vigils commemorate deaths in custody (pdf)
Despite evidence of institutional and systematic failure and 11 verdicts of unlawful killing since 1990, no state official has been successfully prosecuted for a death in custody. On Fathers Day, 17 June 2012, peaceful vigils were held across the UK in remembrance of those who have died in police detention.
UK: Police
use anti-terror powers to detain anarchists on return from conference
in Switzerland
British counter-terrorist police at Heathrow airport last week (13 August) detained two anarchists returning from a conference in Switzerland, asked them a number of "inflammatory, irrelevant and offensive questions," and copied information from passports, literature, cameras and mobile phones, according to a statement released by the UK Anarchist Federation.
EU: Statewatch analysis: European
governments step up repression of anti-austerity activists (pdf)
A total ban on protest was imposed in Frankfurt, demonstrations in Greece were met with police violence, and planned legal reforms in Spain will significantly diminish the right to protest.
Amnesty International: Urgent
Action: Migrants face forced eviction in France (pdf) About 40 African
migrants face imminent forced eviction from a squat in Calais,
France. If evicted, they would be left homeless and vulnerable
to other human rights violations.
A member of the Schleswig-Holstein parliament and a civil liberties activist have filed a complaint with the European Court of Human Rights against a German law which makes identification compulsory when buying prepaid mobile phone SIM cards. Laws to that effect exist in 9 of the 27 EU Member States (Bulgaria, Denmark, France, Germany, Greece, Hungary, Italy, Slovakia and Spain). The applicants hope that the Court will recognize their right to anonymous communications and anonymous Internet access.
GREECE: Racist Violence Recording
Network: Fatal
attack in Iraqi in Athens (pdf): "Prompted by the fatal
attack on a young Iraqi, on Sunday 12 August 2012, in the centre
of Athens, the United Nations High Commissioner for Refugees
(UNHCR), the National Commission for Human Rights (NCHR) along
with the 19 NGOs and other bodies that constitute the Racist
Violence Recording Network* strongly condemn, once again, acts
of racist violence and call on the Greek Government and competent
authorities to take immediate measures to address the escalation
of racist attacks."
EU: Council of the European Union:
False documents, HLWG Asylum & Migration, ICAO, Civilian
Capability, SOCTA, Public Order
- FALSE DOCUMENTS:
Working
Party on Frontiers/False Documents - Mixed Committee (EU - Iceland/Liechtenstein/Norway/Switzerland)
dated: 30 May 2012 Subject: Summary of discussions (pdf) Includes "State
of FADO play" in Appendix
- HLWG: High
Level Working Group on Asylum and Migration (HLWG) (Doc no: 11927-12, pdf)
Includes in Annex: "GAMM UPDATE, 21 May 2012: This document
provides an updated overview of the main external migration dialogue
processes implemented in the framework of the EU Global Approach.
The document is compiled for the information of the EU High Level
Working Group on Migration and Asylum by the responsible European
Commission services, in association with the EEAS."
- HLWG High
Level Working Group on Asylum and Migration (HLWG) (Doc no: 11928-12,pdf)
Includes in Annex: "GAMMUPDATE 15 June 2012: This document
provides an updated overview of the main external migration dialogue
processes implemented in the framework of the EU Global Approach
to Migration and Mobility (GAMM). The document is compiled for
the information of the EU High Level Working Group on Migration
and Asylum by the responsible European Commission services, in
association with the EEAS."
- EU-ICAO: Preparation
of the ICAO High Level Conference on Aviation Security (Montreal,
12-14 September 2012) - European Union coordination of a common
position
(pdf) With detailed Annex for meeting in Montréal, 12
to 14 September 2012.
- European
External Action Service (EEAS): To: : Political and Security
Committee (PSC) Subject : Multi-annual Civilian Capability Development
Plan
(Doc no: 12110-12, pdf)
- SOCTA: Serious and Organised Crime Threat Assessment (SOCTA) - Methodology (28 pages,pdf)
- PUBLIC ORDER: List of permanent contact points concerning public order (pdf)
France:
Ministry of Interior unveils "hotspot" policy to tackle
"rooted delinquency"
In a note released on 30 July 2012, the French Interior Minister Manuel Valls announced the launch of a new security policy targeting newly identified "priority security areas" (Zone prioritaires de sécurité, ZPS). [1] The project will be launched in 15 pilot cities in September 2012.
EU: Revision
of Data Retention Directive put on hold with "no precise
timetable" for a new proposal
Revision of the controversial EU
Data Retention Directive - which requires the storage of internet
and phone records for between six months and two years - has
been put on hold by the European Commission. It is now seeking
to establish a new data protection regime before revising the
Data Retention Directive at the same time as a conflicting piece
of legislation, the e-Privacy Directive.
See also Statewatch's Observatory: The surveillance of telecommunications in the EU (from 2004 and ongoing)
UK: Commissioner's
annual reports: Interception of Communications and Surveillance:
More information or a lot less?
- Interception
Commissioner cuts three of four annual aggregate statistics and
claims giving more information would aid criminals
- Surveillance
Commissioner complains again about the lack of resources to do
the job properly
Tony Bunyan, Statewatch Director, comments:
"To suggest that providing aggregate figures - as has been the case for the last fourteen years - on the number of warrants in force on 31 December and the number of warrant "modifications" would aid criminals or endanger national security is simple nonsense.
The voluminous report of the Interception Commissioner is primarily concerned with showing how good a job he does on inspecting the agencies. But as an exercise in democratic accountability it is greatly wanting with the Commissioner releasing less information that ever before."
See also Statewatch's Observatory on: UK: Surveillance Statistics: 1937-2011
UK: Interception, Surveillance, Intelligence
and Security Service Annual Reports:
- 2011
Report of the Interception of Communications Commissioner (pdf)
- Annual
Report of the Chief Surveillance Commissioner: 2011-2012 (pdf)
- Intelligence
Services Commissioner: 2011 (pdf)
- Intelligence
and Security Committee Annual Report: 2011-2013 (pdf)
- Investigatory
Powers Tribunal 2011: Statistical report (pdf): 180 complaints
none of which were upheld
- PM
Written Statement (pdf)
GREECE: Pro Asyl: The
systematic ill-treatment of migrants and refugees by state agewnts
in Patras
(link)
EU: Council of the European Union:
Report on: European
Police Chiefs Convention (29 pages, pdf). Attended by All 27
EU Member States plus Albania, Australia, Colombia, Croatia,
Iceland, Israel, Liechtenstein, Mexico, Norway, Russian Federation,
Serbia, Switzerland, Turkey and the USA. Includes sections on
cyber-crime and "Itinerant organised crime groups"
"But there are two main reasons why the criminal offences deriving from itinerant groups cannot be tolerated. The first one is of course the fact that the criminal offences cannot be viewed as isolated incidents, as they are pearls on either a string of poverty-led actions, or on a string of well-organised persons...
It seems that itinerant is the right word to use the opposite of a sedentary life - no base, constantly on the move. It calls to mind the idea of perpetual movement, of a wandering way of life, a lack of permanent base or registered address. It is the opposite of a sedentary lifestyle."
USA: Government Accountability Office
(GAO): Federal
Law Should Be Updated to Address Changing Technology Landscape (pdf):
"Technological developments since the Privacy Act became
law in 1974 have changed the way information is organised and
shared among organisations and individuals. Such advances have
rendered some of the provisions of the Privacy Act and the E-Government
Act of 2002 inadequate to fully protect all personally identifiable
information collected, used, and maintained by the federal government.
For example, GAO has reported on challenges in protecting the
privacy of personal information relative to agencies use of Web
2.0 and data-mining technologies."
EU: NEW REGULATION ON DATA PROTECTION:
National concerns over the proposed EU Data Protection Regulation (Infosecurity, link):
"Statewatch, an independent organisation that keeps an
eye on civil liberties in the EU, has released a leaked copy
of European nations initial response to the proposed new Data
Protection Regulation...It shows a wide difference in attitude.
For example, a very common concern is the Regulations reliance
on delegations; that is, the ability of the EU to arbitrarily
add to or amend the agreed Regulation in the future."
See also:
UK submits concerns over proposed data protection reforms (Outlaw, link)
and see: Opinion
of the European Economic and Social Committee on the Proposal
for a Regulation of the European Parliament and of the Council
on the protection of individuals with regard to the processing
of personal data and on the free movement of such data (General
Data Protection Regulation)' (pdf)
"clarifications can be made to the proposed text. It gives some detailed examples in this opinion in relation to a number of articles, helping to provide a better definition of rights, of stronger protection for the public in general and of workers in particular, of the nature of consent, of the lawfulness of processing and, in particular, of the duties of data protection officers and data processing in the context of employment.The EESC also considers that some aspects that have not been addressed should be included, not least the need to broaden the scope of the regulation, the processing of sensitive data and collective actions."
UK:
Thousands of workers 'blacklisted' over political views - Commissioner
urged to investigate 'secret database' used by the construction
industry
(Independent, link)
GREECE: "Xenios
Zeus" campaign continues (Athens News, link): "Greek
police continued the "Xenios Zeus" campaign on Monday,
sweeping through areas of Athens and beyond, in an attempt to
battle unregistered migration. Over the weekend, according to
an official announcement by police headquarters, 1130 arrests
were documented in the Athenian capital, all those arrested failing
to meet the legal requirements for their continued stay in the
country."
EU: Council of the European Union:
Internal Security Fund, Asylum and Migration Fund and Croatia:
International agreements
- INTERNAL SECURITY FUND: Developing Council position: Draft Regulation of the European Parliament of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management - Revised compromise proposal by the Presidency (pdf)
- ASYLUM FUND: Developing Council position: Draft Regulation of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management - Revised Compromise proposal by the Presidency on certain Articles (pdf)
- Commission: Recommendation for a COUNCIL DECISION authorising the opening of negotiations for the adaptation of agreements (referred to in the attached Annex) signed or concluded between the European Union, or the European Union and its Member States, with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the European Union (pdf) See Annex: 17 page list of third state Agreements that applicant countries have to sign up to.
EU: Statewatch Analysis: "Tackling
new threats upon which the security and prosperity of our free
societies increasingly depend": the EU-US Working Group
on Cyber Security and Cyber crime (pdf) by Chris Jones:
"A trans Atlantic working group has been created to share best practices, exchange information, and look at specific issues such as cyber incident management and child pornography. The group's activities promote increased internet regulation and the development of military capabilities for cyberspace, which invariably come at the expense of individual rights and freedoms."
EU: Council of the European Union:
JSB & Eurojust, EU Ombudsman and the Council and PRUM
- Activity Report of the Joint Supervisory Body of Eurojust for the year 2011 (pdf)
- PRUM: Belgian delegation: Evaluation procedure for implementing the data exchange provisions pursuant to Council Decisions 2008/615/JHA and 2008/616/JHA (Prüm Decisions) - reply to questionnaire on exchange of DNA data (pdf)
EU: Council of the European Union:
Eurodac & LEAs and Eurosur
- EURODAC: Council Presidency re-draft: Access to Eurodac database
of aslyum applicants' fingerprints: Amended
proposal for a Regulation on the establishment of 'EURODAC' for
the comparison of fingerprints for the effective application
of Regulation (EU) No [&/&] (establishing the criteria
and mechanisms for determining the Member State responsible for
examining an application for international protection lodged
in one of the Member States by a third-country national or a
stateless person) and to request comparisons with EURODAC data
by Member States' law enforcement authorities and Europol for
law enforcement purposes and amending Regulation (EU) No 1077/2011
establishing a European Agency for the operational management
of large-scale IT systems in the area of freedom, security and
justice (Recast version) (pdf)
- EUROSUR: Outcome of disucssions on Council's position: Proposal
for a Regulation of the European Parliament and of the Council
establishing the European Border Surveillance System (EUROSUR) (pdf) and:
- EUROSUR: Council Presidency re-draft: Subject as above (pdf)
EU: European Asylum Support Office
(EASO): 2011
Annual Report on the Situation of Asylum in the European Union
and on the Activities of the European Asylum Support Office (5 MB file, pdf)
EU: Statewatch Analysis: State
Trojans: Germany exports spyware with a badge (pdf) by Kees Hudig:
"German police have been using software to surveil people's internet activity beyond what is allowed by the law. There has also been increased cross]border cooperation with the police forces of neighbouring countries, with an informal working group meeting twice a year without the knowledge of parliamentarians."
EU: Human
Cargo: Arbitrary readmissions from the Italian sea ports to Greece (pdf) by PRO ASYL Foundation
and Friends of PRO ASYL in co-operation with the Greek Council
for Refugees:
"While official statistics indicate that a certain number of people are being readmitted annually from Italy to Greece, NGOs in Greece in their daily operations have registered a much greater number of people who have been readmitted from Italy."
EU institutions fail to improve governance
of EU regulatory agencies
After a few years of
negotiations, the EU recently adopted a Common Approach for improved
governance of EU 31 regulatory agencies. However, the agreed
text seems to fall short of the Commission's objectives of greater
transparency and accountability.
EU: Council of the European Union:
State of play: Implementation
of the Council Framework Decision 2008/909/JHA on the application
of the principle of mutual recognition to judgments in criminal
matters imposing custodial sentences or measures involving deprivation
of liberty for the purpose of their enforcement in the European
Union - Information provided to the General Secretariat (pdf)
UK: Statewatch Analysis: A
clean city: the Olympic Games and civil liberties (pdf) by Chris Jones:
"Sponsors of the Games including McDonalds, Coca-Cola, Cadburys, BP and, perhaps most controversially, Dow Chemical - were promised what is chillingly called a "clean city", handing them ownership of everything within camera distance of the games. In combination with measures put in place to deal with what have been described as the four key risks of terrorism, protest, organised crime and natural disasters, these measures have led to a number of detrimental impacts upon civil liberties, dealt with here under the headings of freedom of expression; freedom of movement; freedom of assembly; and the right to protest"
EU: European Commission: SECURITY
INDUSTRY: Communication
on Security Industrial Policy: Action Plan for an innovative
and competitive Security Industry (pdf) and The
Commission presents an Industrial Policy for the Security Industry (Press release, link)
EU: European Commission: Submission
of the 2011 Activity Report of the Agency for the operational
management of large-scale IT systems in the area of freedom,
security and justice (pdf)
EU: Statewatch Analysis: The
comparative study of forced return monitoring in Europe by Matrix/ICMPD (pdf) by Marie Martin:
"Forced return monitoring mechanisms vary widely throughout the EU and the rights of irregular migrants are not safeguarded consistently. This study was an opportunity to make a strong case for improved practices in all Member States, but its scope and recommendations are very limited from a human rights perspective."
July 2012
EU: Council of the European Union:
Dublin II, EURODAC: LEA access and SIS: Stolen vehicles
- DUBLIN II: State of play: Council position: Proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast) [First reading] (12746-rev-2-12, 113 pages, pdf): "At its meeting of 18 July 2012, the Committee of Permanent Representatives endorsed by a sufficient majority of delegations the text of the recast of the draft Dublin Regulation"
see also previous
documents: As
above
(115 pages, 12746-rev-1-12, pdf) and As
above
(115 pages, 12746-12, pdf)
- EURODAC (asylum applicants' fingerprint database): Law enforcement
agencies access: Amended
proposal for a Regulation on the establishment of 'EURODAC' for
the comparison of fingerprints for the effective application
of Regulation (EU) No [&/&] (establishing the criteria
and mechanisms for determining the Member State responsible for
examining an application for international protection lodged
in one of the Member States by a third-country national or a
stateless person) and to request comparisons with EURODAC data
by Member States' law enforcement authorities and Europol for
law enforcement purposes and amending Regulation (EU) No 1077/2011
establishing a European Agency for the operational management
of large-scale IT systems in the area of freedom, security and
justice (Recast version) (12207-12, 116 pages, pdf). Includes
109 Member State reservations/comments.
- SIS: Schengen Information System: Stolen vehicles statistics: Implementation of Article 102A of the Convention Implementing the Schengen Agreement during the year 2011 - Draft report to be submitted to the European Parliament in accordance with Art. 102A(4) of the Convention Implementing the Schengen Agreement (CISA) (pdf): Data on motor vehicles, trailers and caravans which have been stolen, misappropriated or lost, and registration certificates for vehicles and number plates: "The only article in the CISA [Convention Implementing the Schengen Agreement] providing for an obligation to record every transmission is Article 103. The reference to Article 103 the recording of every transmission for purposes of checking whether the search is admissible or not is interesting since these records may provide for the statistical information on the use of the data." In total, 8,235,658 searches were carried out giving 7,331 "hits" in 14 EU states.
UK: Blacklisted
builders launch mass legal action against Sir Robert McAlpine
- Workers branded 'troublemakers' on shadowy industry database
make multimillion pound claim against construction giant (The Observer, link):
"Workers blacklisted by the construction industry over more than three decades have launched a high court claim against industry giant Sir Robert McAlpine, the Tory donor and builder of the Olympic Stadium, for conspiring with other firms to keep them out of work.... The claim involves 86 of 3,400 workers in the files of the Consulting Association, a covert organisation paid by big names in the industry to collect damaging information on workers regarded as leftwing or troublesome. The files included information about trade union membership, relationships, friendships and political views, along with surveillance intelligence.
..Dave Smith,
46, an engineer who had a 36-page file against his name and was
repeatedly victimised for highlighting safety hazards on sites,
including the presence of asbestos. The Information Commissioner's
Office said at Smith's tribunal that it believed some of the
information held by the covert organisation and accessible to
companies that subscribed to the service "could only have
been supplied by the police or the security services".
UK: Spotlight
on racial violence: January June 2012 (Institute of Race Relations, link):
"And the first six months of 2012 reveals a reality of routine abuse and harassment from graffiti to vicious assault, from alcohol fuelled vandalism to hate campaigns. At least one attack has proved fatal. Given that these incidents were recorded in the local or (much less frequently) national press, they show only a tiny fraction of the true scale of violence. (51,187 racist incidents were recorded by the police in 2010/11, the last year for which statistics are available.) Nonetheless, they do provide a snapshot of the reach and impact of popular racism."
CIA-POLAND: European Court Seeks Answers
from Poland on CIA Black Site Case
"The European Court of Human Rights has told Poland to provide it with information about a secret detention site that operated on its territory in 2002 and 2003, in response to an application filed by the Open Society Justice Initiative on behalf of Abd al-Rahim al-Nashiri, a Saudi national now facing capital charges before a U.S. military commission at Guantanamo Bay. The courts detailed enquiries include seeking any agreement on setting up and running a secret CIA prison on Polish territory and other documentation"
Full-text of ECHR judgment (pdf)
UK:
Home Affairs Select Committee report: The
work of the Border Force (pdf)
EU: Council of the European Union: NEW DATA PROTECTION
REGULATION: Proposal
for a regulation of the European Parliament and of the Council
on the protection of individuals with regard to the processing
of personal data and on the free movement of such data (General
Data Protection Regulation) (Doc no: 9897-rev2-12, p170 pages, pdf)
Discussion the the Council including detailed indiviudual comments
from Member States.
UK: Netpol
report into the policing of protest 2010/2011 (link, 10 MB): A
detailed new report launched today by the Network for Police
Monitoring (Netpol) highlights how promises made by the police
to adapt to protest after 2009's G20 demonstrations in London
have been forgotten in a remarkably short space of time and a
far more intolerant total policing style response to protesters
has developed in the UK and see: Police
protest tactics 'give officers excessive and disproportionate
control' - Study by network of police monitoring groups says
use of pre-emptive arrests and kettling are unjustified curbs
on liberty
(Guardian, link)
EU: Council of the European Union: SIRENE/FAST, SIS Migration,
Discrimination and Intra-corporate transfer
- SIRENE
and FAST [Fugitive Active Search Teams] joint conference in Prague
May 2012: conclusions and other activities in the area of searches
for wanted persons (pdf)
- SIS MIGRATION TO SIS II: Proposal
for a Council Regulation on migration from the Schengen Information
System (SIS 1+) to the second generation Schengen Information
System (SIS II) (recast) (Doc no: 11142-12, pdf) and Second
version
(Doc no: 11143-12, pdf): "In order to reflect the particular
positions of Ireland and the United Kingdom, the original proposal
was divided into two identical texts of proposals for a Council
Regulation, specifically doc. 11142/12 and doc. 11143/12."
- DISCRIMINATION: Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (Doc no: 12457-12, pdf)
- Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (Doc no: 10618-12, pdf) Council position prior to entering trilogue with the European Parliament with 108 Member State reservations.
TURKEY: Eyewitness
in Turkey
(Bertrand Russell Peace Foundation, link):
"A political
purge is under way in Turkey. Since 2009, thousands of activists
from the Peace and Democracy Party (BDP) have been arrested in
police raids and interned in extended pre-trial detention. Following
elections in June 2011, the BDP currently has 36 members of the
Turkish Parliament, elected mainly with the support of Turkey's
substantial Kurdish minority.
Now, a series of trials has begun. In the latest of these, more
than 200 people are before the Tribunal with Special Powers,
charged with support for, and involvement in, the Union of Kurdish
Communities (KCK), which is a banned organisation. This grouping,
it is alleged by the Turkish Government of Prime Minister Erdogan,
acts as the 'urban branch' of the Kurdish Workers Party (PKK),
also banned in Turkey because of its long-term armed campaign
against the Turkish state. On this pretext, the Turkish authorities
continue to arrest large numbers of activists throughout the
country in regular raids. In recent weeks, prominent Kurdish
trade unionists were detained."
ITALY: Commission probes Italy
asylum abuse allegations (euobserver, link): "according
to a joint-report by the Greek Refugee Council and the German-based
Pro Asyl earlier this month, Italy is returning undocumented
migrants and asylum seekers to Greece without any proper checks."
EU: Statewatch analysis: The
EUs accession to the European Convention on Human Rights: a cause
for celebration or concern? (pdf) by Chris Jones:
"Internal negotiations over whether to accede to the ECHR have been mired by problems and highlight fundamental shortcomings with the EU's decision making process. An insistence on secrecy and an emphasis on "strategic priorities" have come to take precedence over individual rights."
UK: Home Affairs Select Committee
report: The
work of the UK Border Agency (December 2011March 2012) (127 pages, pdf) and
Volume
II
(pdf)
EU: Informal Justice and Home Affairs
Council, Cyprus, 23-24 July: First
day press release (link): Documents: Security
Industrial Policy/Security Related Research (pdf), Data
Protection Reform (pdf), Tackling
Cybercrime at EU Level: Priorities for the Future (pdf), Proposal
for a Directive on the Freezing and confiscation of proceeds
of crime in the EU (pdf) and 3rd
Annual Report on Immigration and Asylum (pdf).
EU: A weak report from the Council
on the: Evaluation
of European Union agencies: Endorsement of the Joint Statement
and Common Approach (pdf)
EU: Council of the European Union:
Europol, SIS/SIRENE, Dublin II and Reception
- Europol
Work Programme 2013 (pdf)
- SIS
and SIRENE statistics (pdf)
- Proposal
for a Regulation of the European Parliament and of the Council
establishing the criteria and mechanisms for determining the
Member State responsible for examining an application for international
protection lodged in one of the Member States by a third-country
national or a stateless person [First reading] (230 pages, pdf) See
Analysis below
- Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (recast) [First reading] (73 pages, pdf)
EU: Statewatch Analysis: Revising
the Dublin rules on responsibility for asylum-seekers: Further
developments
(pdf) by Steve Peers
Professor of Law, Law School, University of Essex:
"The
EP and Council reached a tentative deal on the revision of the
Dublin Regulation, which allocates responsibility for asylum-seekers
to a single Member State, in June 2012. This was the subject
of a detailed Statewatch analysis at the time, which concluded
that it was a missed opportunity to reform these flawed rules
more fundamentally.
However, for the Member States permanent representatives to the
EU (known as Coreper), this deal was too generous: they objected
to the change in rules relating to unaccompanied minor asylum-seekers
and to the rules intended to limit the time period of detention
of asylum-seekers subject to the Dublin process. Following further
talks, the EP and the Council have reached a revised tentative
deal, although this is subject to some technical amendments by
the Council and further discussions on the procedure for adopting
measures implementing the Regulation (known as comitology)."
GREECE: Statewatch analysis: Neo-nazis
enter the Greek Parliament (pdf) by Vassilis Karydis, Professor,
Deputy Greek Ombudsman:
"In Greeces recent twin elections of 6 May and 12 June 2012, amidst an unprecedented financial and social crisis, the Chryssi Avgi organisation, which means Golden Dawn, won about 7% of the vote in both instances.... The "Golden Dawn" organisation believes in the superiority of the Greek nation and the white "race", is hostile to immigrants and the homosexuals, Marxism and multiculturalism, and has an anti-Semitic ideology that defends the activities of the paramilitaries who collaborated with the German Army during the Occupation. Although its leadership does not describe the organisation as fascist or neo-nazi, they salute in a way that is reminscent of Hitler, cite Rudolf Hess as a hero in their journal, participate in gatherings of far right groups from all over Europe and frequently visit Berlin where they assemble to commemorate the anniversary of Hitlers defeat."
CoE: Council of Europe: Deaths
in the Mediterranean Sea: will they ever end? asks PACE rapporteur
Tineke Strik
(link): With Letters to NATO, UK and Spain. Full-text of report:
Lives
lost in the Mediterranean Sea: who is responsible? (pdf):
"Yet again, a dinghy with 55 people on board drifted for 15 days on the Mediterranean. This time, only one person survived. When will this ever end?, today asked Tineke Strik (Netherlands, SOC), rapporteur of the Parliamentary Assembly of the Council of Europe (PACE) on Lives lost in the Mediterranean Sea: who is responsible?. She expressed her great sadness and anger over the deaths of another 54 boat people fleeing Libya towards Italy."
EU-EUROSUR: Council of the European Union: Eurosur:
New Council draft position: Proposal
for a Regulation of the European Parliament and of the Council
establishing the European Border Surveillance System (EUROSUR) (Doc no: 11853-12, pdf)
and: Member
State's views on above (Doc no: 12369-12, pdf)
EU: European Data Protection Supervisor:
Eurodac Activity Report and SIS II migration
- Coordinated
Supervision of Eurodac Activity Report 2010 - 2011 (pdf)
- Opinion
of the European Data Protection Supervisor on the proposal for
a Council Regulation on migration from the Schengen Information
System (SIS) to the second generation Schengen Information System
(SIS II) (recast) (pdf)
EU: Council of the European Union: IRAQ, Dublin
II, Turkey: Readmission and Eurodac
- IRAQ: Partnership
and Cooperation Agreement between the European Union and its
Member States, of the one part, and the Republic of Iraq, of
the other part (pdf) Includes readmission clauses (Doc no: 5784-rev-2-11,
pdf)
- DUBLIN II: Proposal
for a Regulation of the European Parliament and of the Council
establishing the criteria and mechanisms for determining the
Member State responsible for examining an application for international
protection lodged in one of the Member States by a third-country
national or a stateless person [First reading] - State-of-play
on the ongoing negotiations (Doc no: 12168-12, pdf). Last points
being discussed between the Council and the European Parliament
in trilogue meetings.
- TURKEY:READMISSION: Synthesis
on Member States practical experiences with readmission to Turkey (Doc no: 12122-12, pdf).
Detailed Member State responses.
- EURODAC (Recast):
Amended
proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL on the establishment of 'EURODAC' for the comparison
of fingerprints for the effective application of Regulation (EU)
No [&/&] (establishing the criteria and mechanisms for
determining the Member State responsible for examining an application
for international protection lodged in one of the Member States
by a third-country national or a stateless person) and to request
comparisons with EURODAC data by Member States' law enforcement
authorities and Europol for law enforcement purposes and amending
Regulation (EU) No 1077/2011 establishing a European Agency for
the operational management of large-scale IT systems in the area
of freedom, security and justice (Recast version) (Doc no: 11861-12, pdf).
115 pages. 82 detailed Member State reactions.
EU-ROMANIA: European Commission report including judicial reform,
the rule of law and corruption: Report
from the Commission to the European Parliament and the Council:
On Progress in Romania under the Cooperation and Verification
Mechanism
(pdf) See also:
Brussels accepts Ponta's promises but warns on implementation (euobserver, link) and
Romanian
PM systematically abusing constitution, says EU report Victor
Ponta government has 'threatened judges, illegally removed officials
and tampered with democratic system' (Guardian, link)
EU-UK:
Government Review of the Balance of Competences (link to Press
release) The Government is carrying out a review of the EUs competences
(the power to act in particular areas conferred on it by the
EU Treaties). See: Full
text: Review of the Balance of Competences between the United
Kingdom and the European Union (pdf)
EU: Statewatch Analysis: The
EU Directive on Reception Conditions: A weak compromise (pdf) by Steve Peers,
Professor of Law, Law School, University of Essex:
"While the final agreed text is undeniably an improvement upon both the 2003 Directive and the Councils version of the new Directive, it is still a missed opportunity to ensure that asylum-seekers in the EU are fully treated with dignity and fairness in all respects while waiting for a decision on their application, given the many possibilities which remain for Member States to detain them, provide them with low levels of benefits, delay their access to employment and make it difficult to challenge any of these decisions."
France:
UN
Committee Against Torture suspends deportation of Somali woman
On 3 July 2011, French authorities
decided to remove a Somali woman whose asylum claim had been
rejected less than 24 hours after her arrival. The French support
organisation to foreigners at the borders (Anafé - Association
nationale d'aide aux étrangers aux frontières)
claims this woman was at risk of persecution and that her removal
would amount to "refoulement". On 11 July 2012, the
UN Committee Against Torture upheld the Anafé's opinion
and urged France not to deport the claimant.
GREECE: Council
of Europe to probe racist attacks (link)
UK:
No duty to snitch on another EU countrys asylum conditions (UK Human Rights blog,
link) and Judgment (pdf)
UK: Statewatch Analysis: Brothers
in arms
(pdf) by Chris Jones:
"The event
is the annual "Symposium of the UK Trade & Investment
Defence & Security Organisation (UKTI DSO)". UKTI DSO
has one aim: "to help UK companies to export" and
it "works with industry to build and maintain relationships
with overseas customers, providing the essential government-to-government
interaction."
An alternative description from Campaign Against Arms Trade
(CAAT) refers to the organisation as a "taxpayer-funded
arms sales unit". The annual Symposium sees arms industry
executives mingling with military top brass, high-level bureaucrats,
and government ministers."
EU: European Commission: Report
from the Commission to the Council and European Parliament in
the development of the Visa Information System (VIS) in 2011 (COM 376, pdf) The Visa
Information System (VIS) was formally launched on 11 October
2011. VIS collects personal information and biometrics (finger-prints)
from people applying for a visa to visit the EU from Member State
consulates in third countries. From launch to year end 299,648
applications were processed with 468 cases of "potential
visa shopping". The countries first targeted were in North
Africa (Algeria, Egypt, Libya, Mauritania and Tunisia). Responsibility
for running VIS will shift from the Commission to the EU Agency
for large-scale IT systems in JHA at the end of the year. High-level
"informal meetings" of the "Friends of VIS",
who met eight times in 2011 is said to be the favoured method
for "reporting".
EU: European Asylum Support Office
(EASO): Afghanistan:
Taliban Strategies - Recruitment (pdf): "the European Asylum
Support Office has published its first country of origin information
report. The report focuses on Taliban recruitment strategies
in Afghanistan. It has also published a methodology guideline
for future similar reports. Country of origin reports represent
a crucial tool for the decision-making on asylum applications
and their availability enhances harmonisation of asylum procedures
in the EU."
EU: The
Commission presents an Industrial Policy for the Security Industry (Press release, link):
"On 30 July, the European Commission will publish a dedicated industrial policy initiative to boost the European security industry, which is one of the sectors with the highest potential for growth and employment in the EU. The main priority will be to overcome the fragmentation of the EU security markets and to create a true Single Market for security technologies."
EU: European Commission: Proposal
to protect financial interests of the EU (Press release, pdf)
and Proposal
for a Directive on the fight against fraud to the Union's financial
interests by means of criminal law (pdf)
EU: Article 29 Working Party on Data
Protection: Opinion
05/2012 on Cloud Computing (pdf): "Despite the acknowledged
benefits of cloud computing in both economic and societal terms,
this Opinion outlines how the wide scale deployment of cloud
computing services can trigger a number of data protection risks,
mainly a lack of control over personal data as well as insufficient
information with regard to how, where and by whom the data is
being processed/sub-processed."
EU: European Commission: Report
from the European Commission: Annual Report 2011 on the relations
between the European Commission and National Parliaments (COM 357, pdf) and Report
from the Commission on subsidiarity and proportionality (19th
report on Better Lawmaking covering the year 2011) (COM 373, pdf)
EU-CIA: European Parliament: CIA
flights: EU states must investigate secret detention sites in
Europe
(Press release, pdf), Working
Document
(pdf) and Draft
Report
(pdf)
GREECE: Hate
on the Streets: Xenophobic Violence in Greece Human Rights Watch (link)
The 99-page report documents the failure of the police and the
judiciary to prevent and punish rising attacks on migrants. Despite
clear patterns to the violence and evidence that it is increasing,
the police have failed to respond effectively to protect victims
and hold perpetrators to account, Human Rights Watch found. Authorities
have yet to develop a preventive policing strategy, while victims
are discouraged from filing official complaints. No one has been
convicted under Greeces 2008 hate crime statute.
GREECE: Seeds
of hatred sprout in soil of Greek crisis (Russia Today, link)
which includes a report on clashes between supporters of the
extreme-right Golden Dawn party, which campaigned on a pledge
to clear Greece of all immigrants, and groups of anarchists shook
the western city of Agrinio on Monday night: "Yanis Varoufakis,
an economist and lecturer at Athens University, says that the
serpents egg of hatred begins to hatch whenever people lose hope
and those spreading the hatred end up as the only winners. It
should act as a warning for all of us that whenever a social
economy implodes, as opposed to just going to a recession, scapegoating
becomes the order of the day, he said.
EU
silent on the conclusion of a readmission clause with Iraq
The EU has been keen on providing
information about the recent developments towards the conclusion
of a readmission with Turkey. [1] Less has been said, however,
about the readmission clause included in the cooperation agreement
which the EU signed with Iraq and which already seems to raise
issues as forced returns to Baghdad have been prohibited by the
Iraqi parliament a month after the conclusion of the cooperation
agreement in May 2012.
See: European Union: Adopted
2012: Proposal
for a Council Decision on the conclusion of a Partnership and
Cooperation Agreement between the European Union and its Member
States, of the one part, and the Republic of Iraq, of the other
part, 6 September 2011, Doc no: 5784/2/11
COE: Council of Europe: Report
by Nils Mui~nieks Commissioner for Human Rights of the Council
of Europe Following his visit to Portugal
from 7 to 9 May 2012 (pdf) Includes: Impact of fiscal austerity measures
on children, the elderly and domestic organisations working for
the protection and promotion of human rights and Protection of
the human rights of Roma
SWEDEN: Sweden's
national counter-terrorism strategy (pdf)
EU-UK: UK opts-out of Proceeds of
Crime Directive: see: Hansard (link): "That
this House takes note of European Union Document No. 7641/12
and Addenda 1 and 2, a draft Directive of the European Parliament
and of the Council on the freezing and confiscation of proceeds
of crime in the European Union; and supports the Governments
intention to not opt-in under Protocol (No. 21) to the European
Union Treaties at this stage."
EU: Statewatch Analysis: We
are not animals: Concern intensifies over detention of migrants
in Europe
(pdf) by Marie Martin:
"Recent reports on very poor detention conditions of migrants
in some EU countries present a concerning picture of current
detention standards and practices. They emphasise systemic issues
at stake with the implementation of the Returns Directive now
transposed in all EU national legislations and further question
the compatibility of administrative detention with the respect
of fundamental rights."
UN Human Rights Council: Report
of the Special Rapporteur on the human rights of migrants, François
Crépeau (pdf)
Germany: Plan
to export hundreds of tanks to Saudi Arabia sparks fierce opposition
"Campaigners, activists
and politicians in Germany have denounced the proposed sale to
Saudi Arabia of hundreds of tanks designed for "urban warfare",
with the deal described as "scandalous" and "against
democracy and human rights".
In July 2011 a decision was made during a secret meeting of German government's Federal Security Council to approve the export of 270 Leopard 2A7+ tanks to Saudi Arabia. The decision of the Council, which is chaired by Angela Merkel, only became publicly known after the German media published leaked correspondence relating to the deal."
UK/Northern
Ireland: Police
use of plastic bullets would be "a recipe for disaster"
Campaigners are calling for a ban
on plastic bullets in the UK, arguing that their use in Northern
Ireland - where a ban has been demanded for over thirty years
- has "triggered civil disturbances and exacerbated situations"
and their potential use in the UK risks doing the same.
EU: Council of the European Union:
Turkey, Migration, UN peacekeeping, Sanctions
- TURKEY: Council Conclusions on developing cooperation with Turkey in the areas of Justice and Home Affairs (pdf)
- TURKEY READMISSION: Proposal for a Council Decision on the signing, on behalf of the European Union, of the Agreement between the European Union and Republic of Turkey on the readmission of persons residing without authorisation: COMMON GUIDELINES (pdf)
- Note from Spanish delegation: To: JHA Counsellors/COSI Support Group on combatting irregular migration and trafficking: Final report of COSI project group on "Measure 16" (Doc no: 9338-rev1-12, 16 pages, pdf) Detailed report on operations.
- European External Action Service: To: Political and Security Committee: Plan of Action to enhance EU CSDP support to UN peacekeeping (pdf)
- General Secretariat of the Council: Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy (pdf)
UK: Home Affairs Select Committee
report: Private
Investigators
(130 pages, pdf). See: MPs
demand tighter controls to deter rogue investigators A typical
fine for offences relating to unlawful obtaining and selling
of data is just £100 (Independent, link)
Northern Ireland: Bloody
Sunday: Police to investigate Derry deaths (BBC News, link)
UK: The
Terrorism Acts in 2011: Report of the Independent Reviewer on
the operation of the Terrorism Act 2000 and Part 1 of the Terrorism
Act 2006 by David Anderson QC (143 pages, pdf)
MALTA: Bishops
say migrant's killing raises serious questions - suggest review
of detention policy (Times of Malta, links), Magistrate
quizzed over delayed migrant death inquiry and One
man, many names. See also: Asylum seeker beaten to
death in Malta (euobserver, link)
EU: European Court of Justice:Advocate
General Opinion finds for the Commission: European
Commission v Republic of Austria (pdf):
"Failure of a Member State to fulfil obligations Protection of natural persons with regard of the processing of personal data Duties of national supervisory authorities responsible for supervising the processing of personal data to be carried out with complete independence Close personal and organisational connections between the supervisory authority and the Federal Chancellery"
EU-USA: TFTP: Questions to the Commission
from ALDE group MEPs: The
implementation of the EU-US TFTP Agreement (pdf)
EU: Commission
failing to follow the rules on the operation of EURODAC
An inspection by the European Data
Protection Supervisor (EDPS) of the EU's EURODAC Central Unit,
which contains fingerprint data on asylum seekers and irregular
migrants, has found that although the "overall level of
data protection and security& is high," there are "still
some elements which need further improvement for the data protection
and security of the overall system."
Council of Europe: Parliamentary Assembly:
Committee on Migration, Refugees and Displaced Persons: Roma
migrants in Europe (pdf):
"The
perception of Roma is guided by myths and misconceptions. Being
a Roma and being a migrant commonly means for the wider public
being a nomad and an irregular migrant. This is how Roma migrants
are perceived.
The report deconstructs these prejudices by describing the reality:
in Europe, less than 20% of Roma are nomadic; Roma have been
part of European society for over 700 years and most Roma have
the citizenship of their country of residence; the large majority
of Roma who migrate have the right to do so."
and see: Selective Freedom: The Visa Liberalisation and Restrictions on the Right to Travel in the Balkans (link)
EU: ACTA REJECTED BY EUROPEAN PARLIAMENT:
European
Parliament rejects ACTA (Press release, pdf)
The Anti-Counterfeiting Trade Agreement (ACTA), was rejected
by the European Parliament on Wednesday, and hence cannot become
law in the EU. This was the first time that Parliament exercised
its Lisbon Treaty power to reject an international trade agreement.
478 MEPs voted against ACTA, 39 in favour, and 165 abstained.
Boats
4 People: solidarity flotilla in the Mediterranean
After a year of preparation,
a sailboat left from Rosignago port, Italy, to Palermo, Lampedusa,
and then off to Tunisia. The Boats 4 People project, bringing
together 17 organisations, was initiated in summer 2011 as a
campaign to denounce deaths in the Mediterranean and the impossibility
to reach Europe safely for migrants, and enhance solidarity amongst
seamen and activists on both sides of the Mediterranean.
EU: UNITED: List
of 16,264 documented refugee deaths through Fortress Europe (link)
EU: Council of the European Union:
- "MIGRATORY PRESSURES": CARROT & STICK: Working Party on Integration, Migration and Expulsion/Mixed Committee (EU-Iceland/Norway/Switzerland/Liechtenstein): Preliminary synthesis on Member States responses to a questionnaire following up on EU Action on Migratory Pressures A Strategic Response regarding readmission and return (Doc no: 11317-12, 31 pages, pdf): Contains synthesis of a total of 5 delegations' detailed responses who have so far replied to the questionnaire (Austria, Belgium, Hungary, Netherlands and Poland) in answer to the following questions:
"to identify and prioritize the three third countries, with which concluding an EU readmission agreement would be of interest, focusing on countries of origin of illegal migration" and "to indicate the main tailor-made incentives that may be offered in order to ensure the proper level of cooperation" and "to identify the main challenges regarding voluntary and/or forced returns to those three third countries previously identified"
The targeted
countries are: Afghanistan, India, Iraq and Tunisia.
-"MIGRATORY PRESSURE": Policy cycle: Links
between the EU Action on Migratory Pressures and several EU Crime
Priorities in the framework of the EU Policy Cycle (Doc no: 11568-12, pdf)
- "MIGRATORY PRESSURE": EU Action on Migratory Pressures - A Strategic Response (Doc no: 9650-12,pdf)
EU: Council of the European Union:
PRUM, Internal security and the RABAT process
- PRUM: 2011 report: Working Group on Information Exchange and Data Protection (DAPIX): Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border-crime, Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border-crime ("Prüm Decisions") - statistics and reports on automated data exchange for 2011 (Doc no: 1367-12,pdf)
- Internal security: Standing Committee on operational co-operation on internal security (COSI): Initial discussion on: Internal Security Strategy - Second implementation report (Commission, pdf)
- RABAT: High-Level
Working Group on Asylum and Migration: The
Rabat process: the road ahead 2012-2014 (pdf):
"The Euro-African Process on Migration and Development
(Rabat Process) brings together more than fifty countries of
origin, transit and destination, which have a shared vision of
a rational, balanced and efficient management of migration flows
from and via West and Central Africa."
EU: Council of the European Union:
"Illegals" roadmap, Trafficking and Western Balkans:
"Drivers", "Co-drivers" and "Guardian
angels": EU
Action Plan on migratory Pressures: Strategic response: State
of play on follow up (Doc no: 12024-12, pdf)
UN: Human Rights Council: Report
of the Special Rapporteur on the rights to freedom of peaceful
assembly and of association, (pdf)
UN: Human Rights Council: Report
of the Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression, Frank La Rue (pdf)
June 2012
Italy/Hungary: Court
annuls Afghan's Dublin II return to Hungary
On 27 April 2012, the Lazio Tribunale Amministrativo Regionale (TAR, Regional Administrative Court) upheld an appeal (no. 05292/2012) by an Afghan citizen against his return to Hungary in application of the Dublin II Regulation (decision deposited on 15 June 2012).
ECJ: JUDGMENT ON MERGERS AND ACCESS
TO DOCUMENTS: The
Court defines the scope of the right of access to documents of
the EU institutions in the context of merger control proceedings (Press release, pdf):
"The Commission may, subject to certain conditions, refuse
access to documents relating to merger control proceedings without
first carrying out a concrete, individual examination of those
documents"
Full-text of judgment (pdf)
EU's RESPONSE TO ARAB SPRING: EU's
rejection of migrants during the Arab Spring: a "historical
mistake" according to Commissioner Malström
TURKEY: International
delegation to attend trial of Ayse Berktay (Hacimirzaoglu) in
Turkey
(pdf):
"During the past three years, the Turkish state has imprisoned some 8000 citizens under the guise of fighting terrorism. In a wave of detentions known as the KCK operations, it has targeted activists, academics, journalists, lawyers, students, elected officials, translators and publishers on account of their democratic activities in support of the rights demanded by Kurdish citizens in Turkey...
We now wish
to focus public attention on Aye Berktay (Hacimirzaoglu), a respected
translator, researcher and global peace and justice activist.
Since her arrest in October 2011 during the KCK operations, she
has been held in pre-trial detention in Bakirkoy Womens Prison
in Istanbul. Nine months after her initial incarceration, Aye
Berktays trial, along with others, is scheduled to run from July
2nd to July 13th, 2012 in Silivri, near Istanbul.
As participants in the (former) World Tribunal on Iraq (WTI)
network, we have now formed an international delegation to observe
the trial of Ayºe Berktay. She helped found the World Tribunal
on Iraq in 2003, and was a principal organizer of its culminating
session in Istanbul, which took place in June 2005. We know Aye
Berktay to be a person of great integrity and honesty. She is
not a terrorist, but an idealist who is committed to peace and
democracy."
EU: Fiscal-monetary crisis: political
union? Bonino:
The euro is not the problem, governance is (euractiv, link) and
see: Towrds
a genuine economic and monetary union: Report by President of
the European Council Herman Van Rompuy (pdf): "closer EMU integration
will require a stronger democratic basis and broad support from
citizens. For this reason, it is essential that already the process
towards realising this vision is based on wide consultation and
participation. Integration and legitimacy have to advance in
parallel."
EU: Cyprus Council Presidency: Informal
Justice and Home Affairs Council, Nicosia, 23-24 July 2012: Agenda (pdf)
FRONTEX-EUROPEAN OMBUDSMAN: Letter
from Director of Frontex: Subject: Ombudsman Own Initiative Enquiry (pdf) and Answers:
Annexes
(pdf)
EU: REGULATION ON ACCESS TO DOCUMENTS: Final "State
of play" from Danish Council Presidency: Recast
of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (pdf). Explains the
Presidency perspective on the failed attempt to amend Regulation
1049. It presented an "adjusted" draft Council position
but the "WPI [Working Party on Information] did however
not share this assessment" "Some delegations"
wanted to abandon the process, and "others" wanted
a "limited package" covering the Arhus Convention,
data protection, information officers and "improving"
access to legislative documents "based on the Commission
2008 proposal.
The EU institutions are left with the dilemma of implementing the Commission's 2011 proposal to "Lisbonise" the Regulation by formally extending the scope of the Regulation to cover EU agencies and bodies but even this is contentious, see: See Statewatch Analyses: Proposed Commission changes to Regulation on access to documents fail to meet Lisbon Treaty commitments (pdf) and Secret trilogues and the democratic deficit (pdf)
See: Statewatch's Observatory: Regulation on access to EU documents: 2008-ongoing
EU: 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 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."
EU-DENMARK: Danish
prime minister skips referendum commitments (euobserver, link)
EU-TURKEY: Readmission: Council of the European Union rushes
through agreement with Turkey just days before the start of the
Cyprus Council Presidency starts on 1 July. The Commission
proposal for a Council Decision on the readmission agreement
was produced on 22 June and the Council will adopted the Decision
at the first meeting of a Council of Ministers held after 26
June. The European Parliament then has to give its "consent".
- Proposal
for a Council Decision on the signing, on behalf of the European
Union, of the Agreement between the European Union and Republic
of Turkey on the readmission of persons residing without authorisation
COMMON GUIDELINES: Consultation deadline: 26.06.2012 (pdf)
UK
statement
(pdf) and Ireland
statement
(pdf): "Ireland notes that this proposal was presented
to Council on 22 June 2012 and that the Council is
making a decision on that proposal on 26 June 2012"
European Commission: Proposal for a Council Decision concerning the conclusion of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (COM 239, pdf) and Proposal for a Council Decision on the signature of the Agreement between the European Union and the Republic of Turkey on readmission of persons residing without authorisation (COM 240, pdf)
EU: DATA PROTECTION REGULATION: Council of the European
Union: Proposal
for a regulation of the European Parliament and of the Council
on the protection of individuals with regard to the processing
of personal data and on the free movement of such data (General
Data Protection Regulation) (112 pages, pdf): The Council is developing
its position.on the new Data Protection Regulation which will
replace the 1995 Directive. "Almost all delegations are
of the opinion that the proposed regulation contains too many
cases of delegated acts. Several delegations have a reservation
on the chosen legal form of the proposed instrument and would
prefer a Directive" (Belgium, Czech Republic, Denmark
and Slovenia). Contains 147 Member State reservations
on Articles 1-10 and 80(a) and 83.
SLOVAKIA::ECHR
rules against deportation of convicted terrorist because of risk
of torture
(pdf)
"On 15 May, the European Court of Human Rights found that Slovakia had violated the the European Convention of Human Rights, including the principle of non-refoulement by deporting Mustapha Labsi to Algeria where he was at risk of being subject to torture or inhuman or degrading treatment. Mustapha Labsi was deported because he was deemed to constitute a danger to national security and because he was wanted in Algeria where he had been convicted on 1 June 2005, in absentia, of membership of a terrorist organisation acting both in Algeria and abroad, and of forgery. He had also been convicted by a French court on 7 April 2006 of involvement, as a member of an organised group, in the preparation, between 1996 and 1998, of a terrorist act in France and several other countries and of forging identity documents. The European Court held that the diplomatic assurances given by the Algerian government were insufficient, in particular in light of the reports of torture committed by its secret services, which detained Mr Labsi for twelve days upon arrival. The Court also found that his right to a remedy had been violated as he was not given time to use a constitutional remedy which could have avoided deportation. Finally, the Court held that Slovakia violated Article 34 of the European Convention on Human Rights for having expelled the applicant while interim measures of the same Court were still in force." (ICJ bulletin)
EU:
Statewatch Analysis: The
revised Dublin rules on responsibility for asylum-seekers: a
missed opportunity (pdf) by Steve Peers
Professor of Law, Law School, University of Essex:
"Taking into account the case law, the overall impact of the 2012 Regulation upon the practical application of the current Dublin rules is likely to be modest. Indeed so much of the agreed changes simply reflect (or try to anticipate) the established case law and likely further case law developments that one can only conclude that the evolution of the Dublin system will continue to depend more on the role of the courts than upon the Council and the EP.
Any hope for a more substantial change of this highly criticised system will therefore continue to rest with the judiciary, given that none of the EU institutions were willing to consider a radical reform of the system and the EP could only wrest limited changes from the Council as regards any significant improvement of the rules relating to family members and vulnerable persons."
Italy: Appeal
by police officers who killed Aldrovandi rejected
On 21 June 2012 in Rome, the fourth
section of the Corte di Cassazione [Italy's highest appeal court]
rejected the appeal lodged by four police officers who were convicted
and handed a three year and six month sentence for manslaughter
in connection with the killing of an 18-year-old, Federico Aldrovandi,
in Ferrara at a around 5 a.m. in the morning of 25 September
2005.
Italy/Libya:
Refugee
day and the agreement with Libya: let's not repeat the mistakes
of the past
ASGI [Associazione di Studi Giuridici sull'Immigrazione]
expresses its deep concern and great bewilderment about the agreement/recorded
document sealed between the Italian and Libyan governments in
Tripoli on 3 April 2012, for the purpose of enacting cooperation
between the two states to counter irregular migrations.
See also: Italy must sink agreements with Libya on migration control (AI, link)
UK: Communications Data Bill published:
Full-text (pdf) And see: Brussels
could 'clash' with London over UK snooper's charter - 'Maybe
not everyone understands the Treaty of Lisbon' (The Register, link):
"A fine "balancing act" is needed to prevent
a "clash" between British Home Secretary Theresa May's
controversial plans to bring in a data communications-snooping
law and the "rights" of the UK citizen, European Commission
vice-president Viviane Reding warned when questioned by The Register"
European Parliament: Green/EFA hearing:
An
Emerging e-Fortress Europe? Border Surveillance, Frontex and
Migration Control (pdf) 26 June 2012, 9:30 - 13:00, European Parliament,
room ASP 1G3
EU-USA: TFTP (SWIFT): Transfer of
personal financial data: Europol
Activities in Relation to the TFTP Agreement: Information Note
to the European Parliament 1 August 2010 1 April 2011 (20 pages, pdf), Letter
from Europol to Chair of the LIBE Committee: (pdf), Joint Supervisory
Body (JSB): Europol
JSB inspects for the 2nd year the implementation of the TFTP
Agreement: Public Statement (pdf) which says:
"In line with the provisions of the Agreement, Europol does not see or manage the SWIFT data or know the amount of data actually transferred. No information has been released by the US regarding the amount of data transferred."
and see: EU hands personal data to US authorities on daily basis (euobserver, link): "EU and US co-operation in combatting terrorism remains shrouded in secrecy as Europol, the EU police agency, refuses to render public an inspection report that details how financial data is handed over to US authorities. The document, written by the joint-supervisory body (JSB) which supervises the data protection rules are properly applied at Europol, noted on Thursday (21 June) that the EU agency transfers bulk data on a daily basis to the US department of treasury."
Search Statewatch's Database:
enter: TFTP
EU: Council of the European Union: Council
Decision concerning the signing and conclusion of the Agreement
between the Organisation for Joint Armament Cooperation and the
European Union on the protection of classified information (link) The Organisation
for Joint Armament Cooperation (OCCAR). It is a European intergovernmental
organisation which collaborates on armament programmes between
Belgium, France, Germany, Italy, Spain,the United Kingdom. It
was established on 12 November 1996 and in January 2001 when
the parliaments of the four founding nations ratified the OCCAR
Convention
(link).
ACTA: European Parliament: Parliament
should say NO to ACTA, says International Trade Committee (pdf) "Four
European Parliament committees (Civil Liberties, Industry, Legal
Affairs and Development) had already recommended that
Parliament should reject the Anti-Counterfeiting
Trade Agreement (ACTA), The Petitions Committee discussed five
complaints calling on MEPs to reject ACTA, supported by over
2.8 million people from all over the world."
European Parliament: EP
suspends cooperation with Council following decision on Schengen
area rules
(pdf): The Conference of Presidents (leaders of political groups
and the President of the European Parliament)decided today in
Strasbourg that the European Parliament would suspend its cooperation
with the Council on five dossiers until a satisfactory outcome
is achieved on Schengen governance. The five dossiers covered
by the Conference of Presidents' decision are the following:
1) Amendment of Schengen border code and Convention implementing
the Schengen Agreement; 2) Judicial cooperation in criminal matters:
combating attacks against information systems; 3) European Investigation
Order; 4) Budget 2013 aspects relating to Internal Security and
5) EU Passenger Name Records.
ACTA: European Parliament: Recommendation
from the Committee on Legal Affairs concerning Case T-301/10,
Sophie in 't Veld v. Commission (pdf) The case concerns the Commission's
refusal to give full access to document concerning the ACTA negotiations.
EU: European Data Protection Supervisor
(EDPS): Police
should not be exempt from privacy rules, says EU data chief (euobserver, link) and
see: Annual
Report: Executive Summary (pdf):
"the EDPS report describes including police and justice authorities in the legislation as "a conditio sine qua non (without which there is nothing) for effective data protection". Although MEPs are anxious to ensure that the new data protection rules cover government agencies as well as businesses, it is understood that a number of member states are keen to remove law enforcement authorities from the scope of the directive, regarding this as an exclusively national competence."
and See: Commission data protection reforms under fire (euobserver, link):
"The Working Party has serious reservations with regard to the extent the commission is empowered to adopt delegated and implementing acts, which is especially relevant because a fundamental right is at stake, the Article 29 Data Protection Working Party...
Such acts, introduced in the 2009 Treaty of Lisbon, allow the commission to make minor changes to the law without affecting its core. Both the European parliament and council - representing member states - maintain some oversight over any such changes. Specifically, a delegated act supplements or amends so-called non-essential elements of EU legislation while an implementing act, proposes uniform conditions for its implementation.
The working party pointed out that in Redings regulation a number of issues including data breach notification and mutual assistance could only be applied using such acts. And the use of them are at the commissions discretion. The adoption of delegated or implementing acts for a large numbers of articles may take several years and could represent legal uncertainty," it said."
EU: Council of the European Union:
Dublin II, Reception, Visa lists and Eurosur
- DUBLIN II:
Proposal
for a Regulation of the European Parliament and of the Council
establishing the criteria and mechanisms for determining the
Member State responsible for examining an application for international
protection lodged in one of the Member States by a third-country
national or a stateless person [First reading] - Outcome of the
trilogue
(4-column, 232 pages, pdf)
- RECEPTION: Amended
proposal for a Directive of the European Parliament and of the
Council laying down standards for the reception of asylum seekers
(recast) [First reading] - Outcome of the trilogue (4-column, 190 pages,
pdf)
- VISA LISTS: Draft
Regulation of the European Parliament and of the Council amending
Council Regulation (EC) No 539/2001 listing the third countries
whose nationals must be in possession of visas when crossing
the external borders and those whose nationals are exempt from
that requirement (pdf)
- EUROSUR: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (pdf)
UK:
CAGEPRISONERS: THE
ENEMY WITHIN: STATE SURVEILLANCE AND INFILTRATION IN OUR COMMUNITIES (link):
"COINTELPRO 101 is a new hard-hitting new documentary which blows the lid off every undercover tactic and method ever used by the FBI ... and their bag of subversive practices has been exported to the UK. COINTELPRO (an acronym for Counter Intelligence Program) was a series of covert and often illegal projects conducted by the FBI from the late 1950s through the 1970s. It was aimed at surveilling, infiltrating, discrediting and disrupting community groups fighting for justice. Today, Muslims, people of colour, and activists face similar tactics from the state. Come find out how our very freedoms, liberties and rights are being eroded by the police and secret services on both sides of the Atlantic. After the film, we'll be joined by American and British activists working to protect their communities."
Italy:
Political
parties found guilty of discrimination in Milan mayoral election
campaign
On 28 May 2012, the first civil
section of the Milan court upheld a complaint lodged by the association
NAGA against the Popolo della Libertà (PdL) and Lega Nord
(LN) parties for an LN election poster, an "Appeal for Milan"
produced by the PdL and for statements by their leaders Silvio
Berlusconi and Umberto Bossi during the 2011 Milan mayoral election
campaign that warned of the threat of Milan becoming a "zingaropoli"
(lit. gipsyville) if the left-wing candidate Giuliano Pisapia
was to win. Judge Orietta Micciché ruled that: "The
seriously offensive and humiliating character of this expression
emerges clearly and does not just have the effect of violating
the dignity of the Sinti and Roma ethnic groups, but also to
favour an intimidatory and hostile atmosphere towards them".
EU: Statewatch Analysis: Amending
the EUs Borders Code (pdf) by Steve Peers, Professor of Law, Law School,
University of Essex (Second version: revised June 2012)
"The basic rules concerning the control of the EUs external borders are set out in the Schengen borders Code (the Code), which replaced a number of prior measures, including the Common Manual for border guards drawn up to implement the Schengen Convention... This analysis examines the current state-of-play of the negotiation of the 2011 proposals, and indicates their possible impact."
Cyprus: Human
rights defender acquitted as police accusations are found "not
credible"
Doros Polycarpou, the Executive Director of the anti-racist and migrant rights organisation KISA, was acquitted after more than a year of criminal proceedings when the judge found accusations against him to be "not credible." Polycarpou had been accused of 'rioting' following racist attacks on participants of the 2010 Rainbow Festival, which KISA has been organising since 1998.
See also: EU: Parliamentary Assembly of the Council of Europe: Report from the Committee on Legal Affairs and Human Rights: The situation of human rights defenders in Council of Europe member states (pdf)
EU: European Commission: Speech
by Vice-President Viviane Reding at the inaugural meeting of
the Expert Group on EU Criminal Policy in Brussels: Crime and
Punishment: Using criminal law to support growth and economic
recovery
(europa website, link)
EU: European Commission: Communication
from the Commission to the European Parliament, the Council,
the European Economic and Social Committee and the Committee
of the Regions: The EU Strategy towards the Eradication of Trafficking
in Human Beings 20122016 (Com 2012 286, pdf). See also: Commission
memos: An
EU Strategy towards the eradication of trafficking in Human beings (europa website, link) Combatting
the slavery of our times: 40 new measures for an EU strategy
against trafficking in human beings (europa website,
link)
France: Human
Rights Watch denounces France's involvement in Syrian regime's
military equipment
Human Rights Watch (HRW) has accused France of trying to "have it both ways" by calling for UN action in Syria while at the same time concluding profitable trade agreements with a Russian arms company allegedly exporting military equipment to the Syrian regime. These allegations come a few days after the European Parliament adopted a resolution on negotiations on the UN Arms Trade Treaty, calling for legally binding obligations of transparency and accountability with respect to "state-to-state transfers, state-to-private end-user transfers, commercial sales and leases, as well as loans, gifts, aid or any other form of transfer."
EU: Eurostat
press release: Asylum
decisions in the EU27: EU Member States granted protection to
84,100 asylum seekers in 2011 (europa website, link)
EU: European
Commission press release: Developing
a coherent EU Criminal Policy in line with Fundamental Rights:
Commission gathers high-level experts (europa website,
link)
EU: Schengen
borders code: Proposal
for a Regulation of the European Parliament and of the Council
amending Council Regulation (EC) No 562/2006 of the European
Parliament and of the Council establishing a Community Code on
the rules governing the movement of persons across borders (Schengen
Borders Code) and the Convention implementing the Schengen Agreement
- Approval of the final compromise text with a view to an agreement
at first reading (11463/12, pdf). Presumably the EP will
not vote on this until they have settled their dispute with the
Council over the Schengen evaluation proposals.
EU: Turkey hopes for EU visa
breakthrough this week
(euobserver, link) Turkey is aiming to tell its 80 million citizens
on Thursday (21 June) they can visit the EU without visas in
a couple of years' time. The breakthrough concerns a technical
step that is set to end a toxic stalemate.
EU: Parliamentary
Assembly of the Council of Europe: Report from the Committee
on Legal Affairs and Human Rights: The
situation of human rights defenders in Council of Europe member
states (pdf) The Committee on Legal Affairs and Human
Rights considers the situation of human rights defenders in Europe
and concludes that it is far from satisfactory. In particular,
in some Council of Europe member States, human rights defenders
are the victims of serious crimes, ranging from abduction and
torture to murder.
EU: Article
29 Data Protection Working Party: Letter to Commissioner Malmström
on smart borders (12/06/12, pdf) "The need for such a massive
volume of data collection in this area is not supported by reliable
data...the systems could cast an 'unpleasant shadow' on the EU
in its treatment of third countries nationals, in particular
those in need of international protection, in the light of EU
and ECHR legal requirements." Moreover, "even
if it is established that an EES would be necessary for the purpose
of preventing and detecting overstay, this would not be a justification
to grant law-enforcement access as well."
EU: Schengen
proposals: Statement of Cecilia Malmström, EU Commissioner
for Home Affairs
(link)
Spain: Annual
report on torture reveals large increase in cases of abuse against
demonstrators
On 1 June 2011 in Seville, the Coordinadora para la Prevención y Denuncia de la Tortura (a network that includes 44 associations) released its eighth annual "Report on torture in the Spanish state", a comprehensive analysis of cases of torture enacted by police officers and public officials in different contexts that range from demonstrations and prisons to police stations and policing in the streets. The report includes information on 280 cases of attacks and ill-treatment suffered by 853 people, the highest number of victims recorded since the CPDT's first report in 2005.
UK: Poll
reveals widespread international disapproval of drone strikes
A new poll shows that there is widespread international opposition to the US military's use of drones in countries such as Pakistan, Yemen and Somalia, with over 50% of respondents in 17 out of 20 countries indicating that they disapprove of the controversial tactic.
Italy: Court
upholds appeal against Dublin II transfer to Greece
On 12 April 2012, a regional administrative court in Rome upheld an appeal against a transfer to Greece issued under Dublin II regulation rules. This decision annulled the order for K.K., a Congolese national who lodged an asylum application in Italy on 8 April 2009, to be transferred in order for the Greek authorities to take charge of his application.
EU: Breakthrough
as EU institutions agree common approach on agencies (eu2012.dk, link) In
Strasbourg yesterday, representatives from the European Parliament,
the Council, and the Commission agreed on a joint statement and
common approach to the EU's decentralised agencies. The agreement
will greatly improve the agencies' governance and efficiency,
and make them a more effective tool in implementing the policies
of the EU. It will now be formally endorsed by each institution.
Europe: Institute of Race Relations:
Shocking new report documents patterns of far-right violence
across Europe: Pedlars
of Hate: the violent impact of the European far Right (link)
UK: United Families and Friends Campaign:
National
Fathers Day Vigils to Remember All That Have Died in Custody:
17th June 2012 between 12noon to 3pm at locations throughout
the UK
(link)
EU: REVISION OF THE REGULATION ON ACCESS TO EU DOCUMENTS:
Talks
collapse on access to EU documents (euobserver, link):
"The Danish presidency has abandoned attempts to agree new rules on access to EU documents. It took the decision on Tuesday (12 June) after EU countries and the European Commission last week rejected its latest draft of the law. It still aims to get MEPs to back a commission proposal to extend existing rules on freedom of information to all EU institutions - including its 31 agencies - however....The incoming Cypriot presidency might pick up where Denmark left off. But the failed talks have left behind a prickly atmosphere."
Tony Bunyan, Statewatch Director, comments:
"This is a victory for common sense, all the alternatives on the table would have fundamentally undermined openness. However, the intention of the Council Presidency to push through the Commission's 2011 proposal to "Lisbonise" the Regulation is not as simple as they seem to think.
The 2011 proposal would simply extend the scope of the Regulation to EU agencies and bodies but this does not meet the requirements of the Lisbon Treaty. Under Articles 15.1 to 15.3, the Council and the European Parliament have to meet in public when considering draft legislative acts and to ensure the publication of the documents relating to legislative procedures. This gives the European Parliament a real opportunity to insist that the Treaty obligations are fully met.
All the documents concerning legislative procedures have to be made public, including those discussed between the two legislatures (the Council and the European Parliament) in 1st and 2nd reading trilogue meetings which are currently kept secret."
See Statewatch Analyses: Proposed Commission changes to Regulation on access to documents fail to meet Lisbon Treaty commitments (pdf) and Secret trilogues and the democratic deficit (pdf)
EU: ROBOTS GUARDING THE BORDERS: The
TALOS project
(Transportable Autonomous patrol for Land bOrder Surveillance):
See pictures bottom right.
EU: Article 29 Working Party on data
protection: Opinion
3/2012 on developments in biometric technologies (pdf) and European
Data Protection Authorities adopt opinion on cookie consent exemption (pdf)
EU: CLASSIFIED INFORMATION: Council
of the European Union: Answer to parliamentary question: Breakdown
of documents by security classification levels (pdf) Over the three
years 2009-2011 out of a total of 25,324 classified documents
23,779 were in the lowest category of "Restricted".
"Restricted is defined as a document whose disclosure would
be "disadvantageous" to the interest of the EU or a
Member State.
EU: SCHENGEN: MEPs
launch counterattack against Schengen deal (euractiv, link) "European
lawmakers yesterday (12 June) denounced the Danish presidency
and the Council for agreeing to re-introduce internal border
controls in the Schengen area, in effect bypassing the Parliament
while negotiations are still ongoing."
EU:
UK
influence over EU internal security policy-making is "remarkable",
says Europol chief
Speaking to the European Institute of University College London at the end of May, Europol's director Rob Wainwright said that the "UK's contribution to policy-making in EU internal security is invaluable" and that it is "without doubt& one of the most influential Member States in shaping European internal security legislation."
EU: Euro
zone discussed capital controls if Greek exits euro - sources (Reuters, link): "European
finance officials have discussed limiting the size of withdrawals
from ATM machines, imposing border checks and introducing euro
zone capital controls as a worst-case scenario should Athens
decide to leave the euro" and: EU
mulls blocking cash machines, borders in case of Grexit (euractiv, link)
EU: SMART METERING WILL BE ABLE TO COLLECT A MASS
OF PERSONAL DATA AND BEHAVIOUR: European Data Protection
Supervisor: Smart
meters: consumer profiling will track much more than energy consumption
if not properly safeguarded, says the EDPS (Press release, pdf)
and Full-text
of Opinion
(pdf):
"While the Europe-wide rollout of smart metering systems may bring significant benefits, it will also enable massive collection of personal data which can track what members of a household do within the privacy of their own homes, whether they are away on holiday or at work, if someone uses a specific medical device or a baby-monitor, how they like to spend their free time and so on. These patterns can be useful for analysing our energy use for energy conservation but together with data from other sources, the potential for extensive data mining is very significant. Patterns and profiles can be used for many other purposes, including marketing, advertising and price discrimination by third parties." [emphasis added]
Giovanni Buttarelli, Assistant EDPS, says: "the EDPS calls on the Commission to assess whether further legislative action is necessary at EU level to ensure adequate protection of personal data for the roll-out of smart metering systems an - in his Opinion - provides pragmatic recommendations for such legislative action. Some of these recommendations can already be implemented via an amendment to the Energy Efficiency Directive, which is currently before the Council and Parliament. These should at least include a mandatory requirement for controllers to conduct a data protection impact assessment and an obligation to notify personal data breaches."
EU: REGULATION ON ACCESS TO DOCUMENTS: Council
Presidency proposals rejected by Working Party on Information:
Council
of the European Union: Latest draft Council position to be discussed
in the Working Party on Information on Friday 8 June (dated 4 June 2012,
pdf) Statewatch
analysis of this latest draft of the Access to Documents Regulation by Steve Peers, Professor
of Law, Law School, University of Essex were rejected in the
Councils Working Party on Information (WPI) on Friday 8 June
(see wobbing report, link).
The re-drafted Council position (DS 1397-12, above) was said to move too far to meet the European Parliament's views by some Member States and not far enough for others in the WPI. The Council Presidency could revert to its previous draft Council position: Consolidation text of the Council of the European Union's position as at 5 June (prepared by Statewatch, pdf) and Statewatch Analysis: Revision of the Regulation on access to documents: Comments on the Councils Informal Drafting Note (pdf) by Professor Steve Peers, but this is almost certain to be rejected by the European Parliament.
Alternatively the Council Presidency could drop the current controversial proposals and opt instead to go ahead with an apparently simple change in the Commission's 2011 Proposal to "Lisbonise" the current Regulation but even this could prove to be controversial as the Commission simply intends to extend the Regulation to EU agencies and bodies. However, this was discussed at a hearing in the European Parliament last year and many think that proper "Lisbonisation" goes further than this, see: The case for the repeal of Article 4.3
The Danish Council Presidency finishes at the end of June, when Cyprus takes up the mantle until December.
See: Statewatch's Observatory: Regulation on access to EU documents: 2008-ongoing and Sign up to the Call for an Open Europe
EU: Justice and Home Affairs Council, 7-8 June 2012, Luxembourg:
Final
Press release (pdf) B
Points Agenda
(pdf) and "A" points agendas: Legislative
deliberations
and Non-legislative
activities
(pdfs)
EU: SCHENGEN: Hawkish
step on EU borders outrages MEPs (euobserver, link) EU countries have given themselves
more freedom to block passport-free travel, causing outrage among
MEPs. Member states can close their borders for up to 30 days
if there is a serious threat to internal security (such as major
sporting events), up to 10 days in urgent cases (terrorist attacks)
and up to six months if persistent problems exist at external
borders. EP
hits out over tactic to exclude MEPs from Schengen decision
(europarl, link) The EP has summoned the Danish Presidency to
an emergency debate in plenary next week to explain why member
states resorted to judicial sleight of hand to sideline MEPs
from an initiative affecting the Schengen area of visa-free travel
within the EU. The Council decision means there will be no independent
scrutiny of border controls by EU institutions. The EP is currently
considering all legal options.
Danish Presidency response: Fact Sheet on the Legal Basis of the Schengen Evaluation Mechanism (link) Letter to MEPs explaining the decision (pdf)
EU: Access
to documents - 'nutty' NGOs and 'infantile' arguments: the right
of reply by Steve Peers, Professor
of Law, Law School, University of Essex.
The Commissions decision to engage in petty personal abuse of the critics of its access to documents proposals, rather than debate the substance, is a sure sign that it does not have any good arguments of substance to use. It is a huge shame that at a time of a crisis of legitimacy of the EU, the Commission does not seize the opportunity to support a move towards significant greater openness of the EU, but instead decides to snipe at and insult the people and groups that do.
UK: Protestors
set their sights on multinational security giant G4S Over 70 protestors gathered
outside the annual general meeting (AGM) of the multinational
corporation G4S in London yesterday, accusing the company of
violating human rights in Israel, Palestine and the UK and providing
information to shareholders on some of the company's alleged
abuses.
EU: Presidency
under pressure to "ensure law enforcement access" to
proposed entry/exit migrant database The day after the European Commission proposed
giving police forces access to Eurodac, a database of asylum
seekers' and irregular migrants' fingerprints, a meeting of the
EU's Law Enforcement Working Party heard of the "need"
for law enforcement authorities to have access to the proposed
entry/exit system for third-country nationals.
EU: REGULATION ON ACCESS TO DOCUMENTS: Council
of the European Union: Latest draft Council position to be discussed
in the Working Party on Information on Friday 8 June (dated 4 June 2012,
pdf) Statewatch
analysis of this latest draft of the Access to Documents Regulation by Steve Peers, Professor
of Law, Law School, University of Essex. He concludes that the
latest draft would result in a VERY SIGNIFICANT drop in standards
as compared to the status quo and that under no circumstances
should the EP agree with this text as it stands. See also: Statewatch
call for an open Europe
EU: Brussels hits out at 'nutty
NGOs' and corporate sharks (euobserver, link) The European Commission
has said EU freedom of information rules should be tightened
up because corporate lawyers and NGOs abuse the system. Its spokesman,
Antony Gravili, told EUobserver on Wednesday (6 June) that most
requests to see internal EU documents come from "lawyers
for big corporations" and "nutty NGOs" instead
of concerned EU citizens.
EU: EU agrees
on border checks in visa-free area (EUbusiness, link) European Union
nations agreed Thursday they can temporarily restore border checks
within the visa-free Schengen area in case of a surge of illegal
migrants, despite opposition from Brussels. Regulations submitted
to the Council: Proposal
for a Regulation of the European Parliament and of the Council
amending Regulation (EC) No 562/2006 in order to provide for
common rules on the temporary reintroduction of border control
at internal borders in exceptional circumstances (6161/4/12, pdf) Amended
proposal for a regulation of the European Parliament and of the
Council on the establishment of an evaluation and monitoring
mechanism to verify the application of the Schengen acquis (5754/6/12, pdf)
EU: Justice and Home Affairs Council,
7-8 June in Luxembourg: Background
note
(pdf) A points: Legislative
deliberations
and Non-legislative
activites
(pdfs)
EU: Brussels
wants e-identities for EU citizens (euractiv, link) The European Commission is
set to launch a substantial review of rules governing personal
documents with the aim of making electronic identities take off
across the EU. But the proposal faces likely opposition from
civil rights groups and member states where identity cards do
not exist.
EU: G6 meeting: Home
Office: G6 meeting, Munich (Ministerial statement, pdf). These
secretive meetings are comprised of Home/Interior Ministers from:
UK, France, Germany, Spain, Italy, and Poland. Note the hostility
to the planned revision of data protection laws in the EU. And
on counter-terrorism:
"Member States, and the US representatives, emphasised the importance of exchanging information on suspicious movements effectively, adding that data protection rules, while important, need to recognise the day to day reality of law enforcement work."
EUROPOL-GERMANY: Abolish
international databases on anarchy! (Press release, pdf):
"At the
end of April, members of the Dolphin databasemet for a two-day
conference at Europol in The Hague. The database, known as an
Analysis Work File, receives information from 20 EU Member States,
as well as Switzerland, Australia and Norway. During themeeting
in The Hague, speakers from Italy, Switzerland and Spain also
gave talks on the opposition to high-speed trains and the activities
of the No Border Network.
Andrej Hunko, Member of the Left Party parliamentary group in
the Bundestag, commented:
Previously Europol only stored data on terrorism in Dolphin.
According to the answer of the German Federal Government, however,
Dolphins members are also interested in left-wing opposition,
which is categorised as extremism in the database. The purpose
of the file was therefore amended in 2010."
On 16 May 2012, the "technical" government's interior minister, Anna Maria Cancellieri, announced that thousands of six-month temporary residence permits for humanitarian reasons issued mostly to Tunisians in response to the influx into Italy during the so-called "Arab Spring" would be renewed for a second time, for a further six months. A prime ministerial decree was adopted for this purpose the day before.
Council of Europe: Commissioner on
Human Rights: Continued
attacks in Europe: journalists need protection from violence (link)
European Court of Justice: Advocate-General: In
Advocate General Trstenjaks view, the Council may freeze funds
in the fight against terrorism only while national prosecutions
of the persons concerned are ongoing (Press release, pdf):
"In view of the repeal of the Netherlands measures against Al-Aqsa, the General Court was therefore right to annul the legal acts by which the Council allowed Al-Aqsa's funds to remain frozen."
and Full-text of Opinion (pdf)
European Parliament: ACTA
now rejected by four EP committees (Press release, pdf)
EU: Justice and Home Affairs Council,
7-8 June in Luxembourg: B
Points Agenda
(pdf)
EU: REVISION OF THE REGULATION ON
ACCESS TO DOCUMENTS: Statewatch
Analysis: Revision of the Regulation on access to documents:
Comments on the Councils Informal Drafting Note (pdf) by Professor Steve
Peers, Professor of Law, Law School, University of Essex. See
below.
EU: REVISION OF THE REGULATION ON ACCESS TO DOCUMENTS:
Talks start between the Council and the European Parliament:
Last week there was a "technical meeting" between between
the EP Rapporteur, Michael Cashman MEP and Mrs Jaatteenmaki MEP
from the parliament, the Council Presidency and European Commission.
This was not a full 2nd reading "trilogue" involving
the Rapporteur and Shadow Rapporteurs from each of the political
groups. The Council presented an: Informal
Drafting Note
(pdf).
One of the changes concerns "Direct access to documents" (Article 12 (or new Article 3a). This appears to meet the Lisbon Treaty and the European Parliament's concerns for full access to all documents concerning the legislative process. However, this would be subject to the following exceptions: a) Article 4 (ie: public security and international relations), b) Article 9 Classified documents (including "Restricted" documents who disclosure could be "disadvantageous", c) the Council (and Commission's) new Article 3a which redefine a "document" and would enormously limit access only to those that are "finalised" (ie: no previous drafts would be public) and d) Article 4.3 where access to documents can be refused (as they regularly are) were disclosure could "undermine" the decision-making process.
Tony Bunyan, Statewatch Director, comments:
"This proposal, together with a new inter-institutional website, would appear to be a big step forward. But once all the exceptions and grounds for not including swathes of documents is taken into account it would lead to a nearly meaningless change and leave the people and civil society in the dark about the real issues and debates that have taken place behind closed doors."
The political groups in the European Parliament are now commenting on this Council Note. On the Council side its position will next be discussed in the Working Party on Information on 8 June and then in COREPER on 13 June. The Danish Council Presidency says it wants to complete the whole process by the end of June (a usual ploy by all of the six-monthly Council Presidencies)
Sign up to the Call for an Open Europe
EU: REVISION OF THE REGULATION ON ACCESS TO DOCUMENTS:
Consolidation
text of the Council of the European Union's position as at 5
June (prepared
by Statewatch, pdf): This consolidated version (Statewatch: 4.6.12)
of the Councils proposed amendments to Regulation 1049/2001 is
based on its document no: 9441/12 and has been updated
to include the revised Article 4a (agreed by COREPER). The Commission
and Parliament proposals for Articles 10 and 16 have been added
as the latter contains a Red Line issue (which the Council chose
not to amend). No amendments are proposed for Articles 9, 11
and 13 by the Commission or Council.
MANDATORY DATA RETENTION: Commission takes action
against Germany: Data
retention: Commission takes Germany to Court
requesting that fines be imposed (pdf). See also: Germany
faces legal action for not implementing EU rules German coalition
govt divided over data retention rules (Reuters, link)
EU: Meijers Committee (Standing committee
of experts on international immigration, refugee and criminal
law): Submission to the European Parliament: Detention
provisions in the recast proposals for the Reception Conditions
Directive and the Dublin Regulation and the right to a remedy
with suspensive effect (pdf)
EU: Transparency
advert launches across Europe (Link): "Stop companies denying
millions the chance to escape extreme poverty: Dear European
Leaders, Please stand up to corporate lobbying against proposed
EU laws requiring oil, gas and mining companies to publish payments
to foreign governments. Pass strong laws that will help citizens
spot corruption and ensure the money is used to lift millions
of people out of poverty". :
EU:
EURODAC: Fingerprint database of asylum applicants: Commission
proposal to extend access to all law enforcement agencies:
Amended
proposal for a Regulation on the establishment of 'EURODAC' for
the comparison of fingerprints for the effective application
of Regulation (EU) No [&/&] (establishing the criteria
and mechanisms for determining the Member State responsible for
examining an application for international protection lodged
in one of the Member States by a third-country national or a
stateless person) and to request comparisons with EURODAC data
by Member States' law enforcement authorities and Europol for
law enforcement purposes and amending Regulation (EU) No 1077/2011
establishing a European Agency for the operational management
of large-scale IT systems in the area of freedom, security and
justice (COM 254-12, pdf)
EU: Justice
and Home Affairs Council 7-8 June, Luxembourg: Initial
Press Release (pdf)
EU: Adopted
text from OJ: Directive
2012/13/EU of 22 May 2012 on the right to information in criminal
proceedings (pdf)
European Parliament:
ACTA
rejected by three EP committees (Press release, pdf)
and see:
Important victories on ACTA! Moving on to Final Steps
(link)
EU: European
Commission: Communication: 3rd
Annual Report on Immigration and Asylum (2011) (COM 250-12,
pdf) and Commission
Staff Working document: on the Third Annual Report on Immigration
and Asylum (2011) (SEC 139-12, pdf)
EU: ACCESS TO DOCUMENTS REGULATION: Council of
the European Union seeks to overturn "Turco judgment"
which would allow access to legal advice to the Council concerning
legislative issues: The Minutes of COREPER II on 8, 10 and 14
May 2012 (the high-level meeting on Member Sates' permanent representatives
in Brussels) state:
"Recast
of Regulation (EC) o 1049/2001 regarding public access to European
Parliament, Council and Commission documents (First reading)
- Preparation of informal trilogues: The Committee agreed to
mandate the Presidency to initiate informal trilogues with the
European Parliament and the Commission with a view to achieving
a political agreement on a pre-negotiated Council position at
first reading.
The Committee
agreed by qualified majority the draft mandate set out in the
fourth column of document 9441/12 with the following modifications:
- Article 4a, paragraph 1: "Access to legal advice relating
to issues which are the subject of a decision-making process
until the relevant act becomes definitive or regarding a question
of law which has not been decided, in last instance, by the Court
of Justice, shall be presumed to undermine the protection
of legal advice. The applicant may demonstrate that there
is an overriding public interest justifying the disclosure of
the documents.";
- Article 4a, paragraph 3: "For the purpose of this article,
the principles underlying this regulation do not in themselves
constitute such an overriding public interest.".
SE delegation did not agree with the contents of the mandate,
as set out in 9441/12, and made the following statement : "The
compromise text would lead to less transparency in the EU. Hence,
Sweden cannot endorse the text." EE, FI and NL delegations
aligned themselves to this statement." [emphasis added]
See: Recast of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents (first reading) - Preparation of informal trilogues (Council doc: 9941-12, pdf)
See also Statewatch's Observatory: Regulation on access to EU documents: 2008-ongoing
EU: Europol
boosts its reach, scope and information-gathering
The 2011 annual report of Europol
makes clear that the agency, whose work is not subject to European
or national parliamentary scrutiny, is significantly increasing
the scope of its activities, its geographical reach, and its
information-gathering, exchange and analysis.
May 2012
EU: REVISION OF RETURNS DIRECTIVE & DUBLIN REGULATION:
Council of the European Union: Common
European Asylum System: State of play/orientation debate (pdf). Includes:
"the Presidency has initiated negotiations with the European Parliament on the recast for Reception Conditions Directive and on the recast for the Dublin Regulation. On both files a series of four trilogues have been agreed between the Presidency, the European Parliament and the Commission. Furthermore, it has been agreed to work towards a political agreement on both files by the end of the Danish Presidency." [ie: by the end of June).
EU: Police can probe asylum
fingerprint database, commission says (euobserver, link): "Melita
Sunjic, spokeswoman for the United Nations High Commissioner
for Refugees (UNHCR) in Brussels, told EUobserver that law enforcement
access to the database would equate asylum seekers with criminality.
Sunjic also expressed concerns that law enforcement authorities
may alert the asylum seekers country of origin. Such alerts could
possibly jeopardise the lives of the asylum seeker and his or
her family members still in the home country. People leave their
home country because they are in danger there, said Sunjic."
UK: Julian
Assange loses extradition case live coverage (Guardian, link) and
see Full-text
of Supreme Court judgment (pdf)
EU: GREECE, TURKEY AND RETURNS: ASYLUM
& MIGRATION and INTERNAL SECURITY FUNDS: Millions of euros
targeting border controls and returns: Council of the European
Union: Implementation
of the Common Framework for genuine and practical solidarity
towards Member States facing particular pressures due to mixed
migration flows - Political discussion with a particular focus
on the support to Greece in areas of borders, asylum and migration
management
(pdf). Includes:
" Intensifying efforts to build capacity in Greece, including financial and human resources to build a robust asylum system, with adequate reception facilities and effective return processes.... Efforts to cooperate with third countries and in particular the border control authorities of Turkey to combat illegal immigration and cross border organised crime...More focused efforts on return, in practice and conclusion and implementation of EU readmission agreements with key countries of origin and transit, operations with the assistance of FRONTEX and IOM and targeted use of funds under the European Return Fund."
EU-ACTA: NETHERLANDS: Translations
of Dutch parliamentary resolutions against ACTA (Bits of Freedom, link):
A majority of the Dutch parliament has voted for several resolutions
which prohibited the government from signing ACTA or initiating
the ratification procedure. See also: Dead
on arrival? Dutch Parliament kills ACTA before EU vote (RT, link)
EU: The Council of the European Union is planning
to appeal against the European Court of Justice judgment: Full-text:
Sophie in t Veld v Council of the European Union (pdf) and see: Press
release: General
Court ruling on In t Veld vs Council strengthens transparency
in EU
(pdf): The case concerns the Council's refusal to release the
Opinion of its Legal Service on the EU-USA Agreement on the exchange
of personal financial data (TFTP/SWIFT)
EU: European Parliament study: Main
trends in the recent case law of the EU Court of Justice and
the European Court of Human Rights in the field of fundamental
rights
(pdf):
"The goal of this study is to offer an overview of the case law from the Luxembourg and Strasbourg Courts regarding fundamental rights over 2010 and 2011. This study identifies the main trends and fields of conflict and focuses on the role played by the Charter of Fundamental Rights of the European Union after the entry into force of the Lisbon Treaty. Furthermore, the study examines the nature and intensity of crossreferences between both Courts. "
Council of Europe: The Consultatice
Committee of the Convention for the protection of individuals
with regard to automatic processing of personal data [ETS No.
108]: Modernisation
of Convention 108: new proposals (pdf)
EU-EUROPOL: General
Report on Europol's activities in 2011 (pdf) includes:
""A new version of the EIS was developed in 2011. The most important feature is the hit/no-hit search possibility for Designated Competent Authorities. This is the first time that access to the EIS can be granted beyond the Member States Europol National Units to frontline law enforcement officers." (p.21)
"A significant improvement was also achieved in terms of interoperability of core information management systems. In October 2011 a new function, the Europol Links Manager (ELM), went live. Within the boundaries of the Europol legal framework it enables automated cross-checking of analysis work files, 10.4 repository, the EIS, and the Enhanced Risk Entities Solution (ERES). The latter is a repository containing open source data purchased by Europol from a commercial intelligence provider. Compared to the previous cross-checking arrangement the ELM widens the range of data sources, enhances usability and flexibility, and addresses several important data protection issues." (ibid.)
UK: Campaigners
call for amendment to one-sided UK-US extradition treaty
The UK was accused last night of being a "minor 51st state
of America" as over 150 people packed into a hall in London
to hear the stories of individuals facing extradition to the
United States, two of whom have been detained for a total of
14 years despite never facing trial in the UK.
In front of a screen bearing the slogan "British justice
for British citizens", speakers urged the crowd to step
up the campaign to amend the Extradition Act 2003, under which
no prima facie evidence is required for extradition from the
UK to the US to be approved.
UK: First
ever Big Society Audit warns of the need to bridge the "Big
Society gap" and calls for government to work with voluntary
sector
The Audit highlights that the Big Society has failed to strengthen the voluntary sector over the last two years and that it will face an estimated £3.3 billion of cuts in public funding up to 2016.
Small, local voluntary and community organisations struggle to gain Government contracts, and tendering practices appear to have an implicit bias toward private sector organisations.
EU: MEPs
water down ethics rules
(european voice website, link) Parliament's leadership exempts
hotel rooms costing less than ¬300 a night from transparency
requirements. See also: Greens-EFAs press releases: European
Parliament transparency - Centre right MEPs vote to keep details
of industry-funded jollies opaque (link) The European
Parliament's bureau last night voted to overturn the essence
of provisions in the MEP code of conduct aimed at ensuring full
transparency when MEPs accept gifts in the form of travel, accommodation
and subsistence expenses from third parties. The outcome, which
was determined by a centre right majority on the EP's bureau,
ignored the advice of the EP's ethics committee, which had recommended
full transparency for such trips.
EU: Strengthen
internal security while protecting fundamental rights, say MEPs (europarl website, link) Fundamental
rights should be respected in all instances when applying the
EU's Internal Security Strategy, says a resolution adopted by
Parliament on Tuesday. MEPs also want proper funding for this
strategy in the 2014-2020 financial framework.
Bulgaria: Problems
and tendencies in active disclosure of information (pdf)
EU: European Parliament: European
Investigation Order: Orientation
vote result on the adoption of a Directive of the European Parliament
and of the Council regarding the European Investigation Order
in criminal matters (pdf)
EU: No compromise in sight
on EU document secrecy (euobserver, link) Jakob Alvi, the Danish EU
presidency spokesman, told EUobserver on Tuesday (22 May) that
member states and the European Parliament rapporteur on the dossier,
British center-left MEP Michael Cashman, remain poles apart after
initial talks, set to continue on Wednesday.
UK: Asbos to be replaced
in new government proposals (BBC, link) New plans to tackle anti-social
behaviour announced in Home
Office White Paper: Putting victims first: more effective responses
to anti-social behaviour (pdf) See also: Theresa
May's asbo overhaul misses the point (Guardian, link) Statewatch's
Asbowatch observatory (link)
EU: Ex-ECB
chief: If parliaments do not give us what we want, we will annul
them
(red pepper, link) If there is anyone left doubting that the
struggle against austerity is fundamentally a struggle for democracy,
the chilling proposal of former European Central Bank chief Jean-Claude
Trichet on how to solve the eurocrisis unveiled on Thursday,
should quickly put paid to such overly microscopic focus.
EU: Joint
Europol-Eurojust Annual Report to the Council and Commission
for 2012 and 2011 (pdf)
UK: Police
are linked to blacklist of construction workers (Guardian, link) The
police or security services supplied information to a blacklist
funded by the country's major construction firms that has kept
thousands of people out of work over the past three decades.
Blacklisting
At last the truth is coming out (Union-News, link) Scores of construction
workers whose lives have been blighted by the scourge of blacklisting
have welcomed a report suggesting collusion between the police
and a company at the heart of the decades-long practice.
EU: Statewatch Analysis: The
Revised Asylum Procedures Directive: Keeping Standards Low
(pdf)
by Steve Peers, Professor of Law, Law School, University of Essex.
Offers a thorough legal analysis of the Council's current position on the revised asylum procedures directive and concludes:
- The proposed Council draft would provide for a fairly modest increase in standards relating to asylum procedures with the most important improvements from the June 2011 revised proposal removed or watered down.
- There are some disturbing reductions of current standards as regards (surreally) the possibility to consider an application as withdrawn even though it was never made (if it is not made as soon as possible), and the power to reintroduce a 'super-safe' third country rule allowing for no consideration of an asylum application at all - a manifest breach of the Geneva Convention, international human rights law, and the EU Charter of Fundamental Rights.
- Member States would still be able to accelerate the consideration of a significant number of applications and in so doing could deny the applicant legal aid, access to the information used against him or her and a copy of the report of the interview during first-instance proceedings; and they could then prevent the applicant from staying on the territory during the appeal. The net result would be a grossly unfair procedure.
EU: Brussels
wants e-identities for EU citizens (euractiv, link) The European Commission
is set to launch a substantial review of rules governing personal
documents with the aim of making electronic identities take off
across the EU. But the proposal faces likely opposition from
civil rights groups and member states where identity cards do
not exist.
EU: Council of the European Union:
European
Union Military Committee: Subject: The EUMC Strategic Priorities (pdf)
EU: Council of the European Union:
Authorisation
to release EU classified information to third States and international
organisations in the context of the EU Crisis Management Exercise
Multi Layer 2012 - ML 12 (pdf)
Greece: Academic freedom: Petition
against the decision made by the University of the Aegean to
block the promotion of Assistant Professor Stratos Georgoulas
on political grounds (link)
EU: Statewatch Analysis: Access
to EU documents: Article-by-Article commentary, Red Lines for
the negotiations, and the undemocratic recast procedure (pdf) by Steve Peers,
Professor of Law, Law School, University of Essex.
On 10 May 2012,
the Danish Presidency of the Council put on the agenda of Coreper
(the EU body consisting of Member States' representatives to
the EU) a draft deal on the proposed Regulation on access to
documents. This deal, if agreed, would constitute the Council's
position for negotiations with the European Parliament (EP),
which has joint decision-making powers on this proposal. This
analysis examines the draft deal on an article-by-article basis
and concludes:
- The draft position of the Council constitutes a significant
overall reduction in the level of access to documents.
- In particular, the council's definition of a 'document' is
of doubtful legality and would exclude massive numbers of documents
from the scope of the rules.
- The EP should not accept the Council proposal in its present
form, or any variation thereof which would significantly reduce
current standards.
- In particular, the EP should make clear to the Council that
it cannot in any circumstances accept the proposed definition
of a 'document'. If the Council is adamant on including this
definition, the EP should instantly veto the proposal.
- The Commission's decision to present negotiations in the form
of a 'recast' - a profoundly undemocratic and indeed surely illegal
procedure - has prevented the EP from pressing for most of the
changes it has unanimously voted for.
- The EP and the Council should immediately denounce the pernicious
and illegal Inter-institutional Agreement on the recasting of
EU Acts.
EU: Tribunal 12 renders its verdict:
Europe guilty of breaching human rights of foreigners (link) Inspired by the
International War Crimes Tribunal that was formed by Bertrand
Russell and Jean-Paul Sartre in 1967, Tribunal 12 sets out to
locate the moral, legal and political responsibilities as well
as call for a change within the system.
EU: European
Court of Human Rights: Grand
Chamber hearing in the case El-Masri v. The former Yugoslav Republic
of Macedonia (press release, 16.5.12). Webcast
of the hearing (ECHR website) The applicant in this
case, a German national of Lebanese origin, alleges that he was
arrested and tortured in Skopje because he was suspected of belonging
to a terrorist organisation, and complains about his rendition
by the CIA to a secret detention centre in Afghanistan.
EU: Latest documents on migration
and border control: Communication
from the Commission to the European Parliament and the Council:
Biannual report on the functioning of the Schengen area 1 November
2011 - 30 April 2012 (COM 2012 230 final, pdf) Polish
delegation to the Working Party on Frontiers/Mixed Committee:
Temporary reintroduction of border controls at the Polish internal
borders in accordance with Articles 23(1) and 24 of Regulation
(EC) No 562/2006 establishing a Community Code on the rules governing
the movement of persons across borders (Schengen Borders Code)
- UEFA Euro 2012 (9686/12, pdf)
UK: Deportation
contractor Reliance faces litany of abuse claims against staff (Guardian, link) Escort guards accused
of 'hitting and punching' deportees, but company says cases have
been investigated by UKBA.
UK: Report
of the Independent monitoring board on the non-residential short
term holding facilities at London Heathrow airport for the year
February 2011 to January 2012
(pdf) See also: UK
Border Agency 'detaining children in degrading conditions' at
Heathrow (Guardian, link) Children held in small, stuffy
rooms at airport for hours, often sharing space with adults they
are not related to, watchdog finds.
EU: A
drop of fundamental rights in an ocean of unaccountability: Frontex
in the process of implementing Article 26(a) (link). On 27 April,
Frontex presented a tentative timeline in view of the establishment
of the controversial Consultative Forum on Fundamental Rights
which comes as a result of negotiations between the Council and
the European Parliament in November 2011 While European borders
remain some of the most dangerous in the world, details of the
establishment process of this new body confirm the pre-eminence
of the Management Board and Member States in the functioning
of Frontex, and the leaving aside of any democratic oversight
and independent monitoring mechanism.
SPAIN: Less-lethal
weapons and public order: Athletic Bilbao fan killed by a plastic
bullet
(link). An Athletico Bilbao football fan celebrating his team's
win on 5 April 2012 became the latest victim of the Basque police
force's use of plastic bullets. The death sparked fresh debate
over the legitimacy of the practice.
EU: Council
of the European Union: EU
Action on Migratory Pressures - A Strategic Response (9650/12, pdf)
EU: EMCDDA
trend report for the evaluation of the 200512 EU drugs strategy (pdf)
EU: Fiscal
Policy: Growth dimension and control of new Commission powers
needed
(European parliament website, link). The European Commission
should have more control over fiscal policy in EU Member States,
but not the free rein it asked for, says the Economic and Monetary
Affairs Committee in texts, voted on Monday, stating a position
on the economic governance "two pack". This increased
power must be democratically controlled and serve to spur economic
growth, MEPs say.
ITALY: Joint
public statement: Dichiarazione Congiunta: Leave Nomad Emergency
in the Past
(Rome, May 11, 2012, pdf). The Italian government should abandon
any initiative aimed at perpetuating the effects of the past
Nomad Emergency, Associazione 21 luglio, the Association for
Juridical Studies on Immigration (ASGI), Amnesty International,
Human Rights Watch and Open Society Justice Initiative said today.
The Nomad Emergency, a state of emergency declared in five Italian
regions giving local authorities special powers with respect
to Roma and Roma settlements, was declared unlawful by the Council
of State, the highest administrative court, in November 2011.
EU: REGULATION ON PUBLIC ACCESS TO DOCUMENTS: Council seeks to
re-write the definition of a "document" after 19 years: Recast
of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (first reading)
- Preparation of informal trilogues (pdf). Since 1993 the definition of
a "document" has been that a: "document shall
mean any content whatever its medium" and this is in
the current Regulation. However, the Council intends to keep
this general definition (Article 3) but to add Article 3a: "Documents
subject to this Regulation": which says a document becomes
subject to this Regulation (ie: the whole Regulation) when: "it
has been drawn up by an institution and either formally
transmitted to one or more recipients, submitted for filing or
registration, approved by the competent official, or otherwise
completed for the purposes for which it was intended"
(emphasis added) In simple terms a "document" is
only really a "document" when it is finalised (all
the drafts and discussion prior to this are not "documents")
- this is the same definition, which was widely criticised, first
put forward by the Commission in 2008. .
The double-faced language of the Council position means also that while it appears in Article 12 that documents concerning legislative and non-legislative acts: "shall, subject to Articles 4 and 9, be made directly accessible to the public" they are still subject to the general rule in Article 3a above. It would thus negate Articles 15.1 and 15.3 para 5 of the Lisbon Treaty.
Tony Bunyan, Statewatch Director, comments:
" In
1997 the Amsterdam Treaty promised to "enshrine" the
public's right of access to EU documents but in 2001 we only
got half the cake. If the Council and the Commission get their
way we will be left with just a few crumbs [small fragments].
Access to documents is the life-blood of a healthy, vibrant,
democracy which encourages informed consent and dissent. Instead
the Council wants an unaccountable democracy bereft of content
and meaning."
Sign
up to the Call
for an Open Europe
EU: REGULATION ON PUBLIC ACCESS TO DOCUMENT: Statewatch challenges
Council secrecy on access to EU documents on the revision of
the Regulation:
Letter
from the Council refusing access to three documents concerning
the Council's discussions on revising the Regulation on access
to EU documents (pdf) in response a: Confirmatory
application by Tony Bunyan, on behalf of Statewatch (pdf)
The Council had hidden three crucial documents and claimed that access could not be given because 1) It would "prejudice Council's capacity to conduct frank and candid discussions". In other words to meet in secret as a legislature under the so-called "space to think" (under Article 4.3 of the Regulation on acces to documents) see: The case for the repeal of Article 4.3 2) The Council then claims that there was an "absence of any element suggesting an overriding public interest" in dislcosure - it is hard to think of an issue on which the public's right to know what is being discussed manifestly outweighs the need for secrecy. 3) The Council concludes by saying that access may to given "after the the final adoption of the act" - subject still to Article 4.3 para 2.
Tony Bunyan, Statewatch Director, comments:
"The notion that the wish of a legislature to meet in secret (by failing to release the documents being discussed) outweighs the public interest of the citizens on such a fundamental issue, namely the right to know what is being discussed and proposed in a legislative process in order to know and allow for public debate, has no place in a democracy worthy of the name."
EU: ACCESS TO EU DOCUMENTS: Presidency
criticised: Even worse than the Commission: The
Danish EU-presidency has failed to unite member states on new
access rules for the EU-institutions. Sweden, Finland and possibly
others will refuse to back a mandate to negotiate a new regulation (Wobbing.eu,link): "Its
no secrecy that member states have different opinions on access
rules. But now the split comes out in the open. Swedish minister
of justice Beatrice Ask (conservative) has instructed the Swedish
EU-ambassador not to endorse a negotiating mandate proposed by
the Danish presidency.
Minister Ask explains why in a comment to this website: If the
mandate would give space for improved openness I would be the
first to vote yes, but I believe that would be wishful thinking
as things stand right now. The mandate will pull in the opposite
direction, and there is even a risk that it is worse than the
Commission's proposal from 2008.
It is understood that the main issues for the Council of the European Union are:
- Definition
of a document. A new article defining when a document is finalized
and thus accessible has been added. The article says a document
is included when finalized for the purpose it was intended. -
this is the same as the Commission's proposal to replace the
definition of a "document" in place since 1993.
- Whole categories of documents are to be kept outside the scope
- documents on infringement procedures (member states accused
of breaking EU-law), on competition (cartels, mergers and state-aid
cases) and documents related to court proceedings.
- Advice from legal services on disputed matters are also to
be kept outside the scope an exemption judged by the Court of
Justice to be unfounded according to the present regulation.
- Data protection likely to overrule the right to access.
- Veto for Member States on release of documents sent to the institutions
See Statewatch's Observatory: Regulation on access to EU documents: 2008-ongoing
EU: Visits campaign : Obstacles
to the right to know: Migrant Camps in Europe : Open the doors
! We the right to know ! (link):
"The reality of administrative detention of foreigners, a familiar instrument of European migration policies, is hidden from civil society and to the media. Such secrecy makes abuses and attacks on human rights both more likely and harder to combat [1]. European citizens have the right to know the consequences of the policies which are put in place in their names."
EU-EAW: Council of the European Union:
Replies
to questionnaire on quantitative information on the practical
operation of the European arrest warrant Year 2011 (pdf). A strange report
for the use of EAWs in 2011 which shows that only 5 out of 27
Member States have responded to the annual report. It shows that
these five Member Sates have issued over 3,000 EAWs with Germany
responsible for 70%.
EU: Amnesty International and European
Council on Refugees and Exiles (ECRE) Letter on behalf on 166
NGOs:Appeal
to EU institutions: Ensure respect for asylum-seekers' right
to liberty in recast reception conditions Directive and Dublin
Regulation
(pdf) and Not
crossing red line: A negotiators' checklist on minimum detention
safeguards
(pdf)
EU-ECJ: SCHENGEN BORDERS CODE: ECJ
General Advocates opinion on sea surveillance and the Schengen
Borders Code: reasserting the Parliaments legislative role, re-opening
the Frontex debate? (pdf):
"The
European Court of Justices General Advocate Paulo Mengozzi on
17 April 2012 recommended that the Councils decision amending
the Schengen Borders Code (SBC) for it to cover and regulate
EUs surveillance at sea external borders should be annulled.
In July 2010, the European Parliament had lodged an action for
annulment before the European Court of Justice against Council
Decision 2010/252 supplementing the Schengen Borders Code. It
was argued that the Decision was illegal because the followed
procedure to adopt it (comitology procedure) was not appropriate
given the impact the contested decision had on the SBC and on
Frontex Regulation."
EU: Updated: Statewatch European Monitoring
and Documentation Centre (SEMDOC) Justice and Home Affairs "e-library"
archive (1976 - 2000): Weekly Highlighted documents: Update including:
- 9299/1/98 REV
1 - External frontier strategy - Guide for the application
of risk analysis in combating smuggling in the field of general
aviation under the 3rd pillar
- 13269/98 ADD 1 - Comprehensive Action Plan for EU/Latin
America Counter-Drugs Assistance, including interregional
Cooperation with the Caribbean: Annexes: An extensive annex to
document 13269/98 outlining the actions taken by the EU in Latin
American and the Caribbean in an attempt to disrupt the production
of drugs.Includes details on Member States involved, duration,
and funding. See also 13269/2/98 REV 2 and 13269/3/98 REV 3.
- 13310/98 - CIREFI Statistics for the second quarter of 1998:
A 132-page document providing statistics from a wide number of
Member States on "refused aliens"; "aliens illegally
present"; "aliens who entered illegally"; "facilitators
apprehended"; "facilitated aliens"; "removed
aliens"
- 14436/98 - System of reference codes precisely defining
the signs of falsification revealed during the examination of
false documents: A document demonstrating the way in which
false documents were/are analysed and categorised.
- 5045/99 - Electronic surveillance and video surveillance
- Summary of replies to questionnaire 11073/97 ENFOPOL 194:
"New technologies provide the public with additional security
tools, whether used privately or by the police. As a follow-up
to the Noordwijk seminar on crime prevention (Netherlands, 11
to 14 May 1998), the French delegation proposed that the Police
Cooperation Working Party launch a debate on video and electronic
surveillance, on the basis of a survey of legislation and practice
in the Member States of the EU. Fourteen Member States replied
to the questionnaire"
- 14330/98 - Transparency: list of topics on which there could
be open debates at meetings of the Council: The Presidency
offers a rather limited list of topics on which the Council "could"
have open debates in the name of transparency.
Search JHA archive - EU Justice and Home Affairs documents from 1976-2000: (currently holds 5,846 documents)
European Parliament: Updated: Draft
Report on alleged transportation and illegal detention of prisoners
in European countries by the CIA: follow-up of the European Parliament
TDIP Committee report (pdf). Being presented in the LIBE Committee 8
May, deadline for amendments: 24 May.
EUROPOL: LEGAL BASIS: Commission note
on meeting with the LIBE Committee in the European Parliament:
Summary
report of discussions between the Directorate General for Home
Affairs, with representatives of national parliaments and of
the LIBE Committee on the revision of Europol legal basis (pdf) and see also:
Commission document: Revision
of Europol's legal basis (pdf)
ECCHR-UN: European Centre for Constitutional
and Human Rights: ECCHR
succeed in removing client from the UN Security Council 1267
Al-Qaida blacklist (pdf):
"Berlin, 8 May 2012 - The United Nations Security Council 1267 Sanctions Committee yesterday formally announced the removal of one of ECCHRs clients (Mr Kamel Darraji) from the Al-Qaida terrorism blacklist. He had been kept on the list (at the request of the Italian and US governments) for almost eight years, on the basis that he was allegedly associated with an Italian Al-Qaida terrorist cell an allegation that Mr Darraji has consistently denied."
EU-ACTA: European Parliament: LIBE Committee: Draft
Opinion: on the compatibility of the Anti-Counterfeiting Trade
Agreement between the European Union and its Member States, Australia,
Canada, Japan, the Republic of Korea, the United Mexican States,
the Kingdom of Morocco, New Zealand, the Republic of Singapore,
the Swiss Confederation and the United States of America with
the rights enshrined in the Charter of Fundamental Rights of
the European Union (pdf)
EU-ACTA: European
Commission written response on ACTA (pdf) to the Opinion of the European
Data Protection Supervisor: European
Data Protection Supervisor Opinion on the Anti-Counterfeiting
Trade Agreement (ACTA, pdf) Press release: ACTA
measures to enforce IP rights in the digital environment could
threaten privacy and data protection if not properly implemented (link)
European Parliament: Orientation
Vote Result on the proposal to amend Regulation (EC) No 562/2006
in order to provide for common rules on temporary reintroduction
of border control at internal borders in exceptional circumstances
(pdf).
"Orientation" is the adoption of the parliament's negotiating
position with the Council in trilogues.
EU-ACTA: Kroes
Throws in Towel on ACTA (link)
ECJ: ACCESS TO DOCUMENTS: Press release:
General
Court ruling on In t Veld vs Council strengthens transparency
in EU
(pdf):
"Sophie in t Veld, MEP (ALDE, NL), welcomes todays ruling of the General Court of the EU on her request for access to the opinion of the Council Legal Service on the so called EU-US 'Swift agreement' on the transfer of bank data. "I am pleased the Court largely supported our claim, and puts the interest of the citizen before institutional interests. The Council will have to publish the document, with the exception only of those parts that could reveal the directives that might reveal the strategic objectives pursued by the EU in the negotiations, or the specific content of the agreement envisaged. It is a step forward for transparency in Europe, that the General Court makes it clear that negotiations on international agreements are not automatically exempt from EU transparency rules".
and European Court of Justice: Full-text: Sophie in t Veld v Council of the European Union (pdf)
EU austerity is feeding
racism, report says (euobserver, link): "EU austerity measures
are helping to feed racism and intolerance, according to a report
by the Strasbourg-based human rights watchdog, the Council of
Europe." See: ECRI
Annual Report
(pdf)
EU: European Commission: Security
Research: Protecting Europes homeland and its future (pdf) and see: NeoConOpticon
- The EU Security-Industrial Complex by Ben Hayes (pdf)
EU-SIS II: European Commission:
Proposal
for a Council Regulation on migration from the Schengen Information
System (SIS 1+) to the second generation Schengen Information
System (SIS II) (recast) (pdf)
EU-CIA: European Parliament: Draft
Report on alleged transportation and illegal detention of prisoners
in European countries by the CIA: follow-up of the European Parliament
TDIP Committee report (pdf) to be considered by the LIBE Committee on
8 May:
"Considers
that Member States have so far not properly fulfilled their positive
obligation under international law to investigate serious human
rights violations connected with the CIA programme and afford
full redress to victims;
Believes that the failure of Member States to assume their responsibility
to conduct inquiries that are fully compatible with their international
obligations undermines mutual trust in fundamental rights protection,
and thus becomes the responsibility of the EU as a whole."
EU: European Parliament: Orientation
Vote Result: on the proposal for a regulation amending Council
Regulation (EC) No 539/2001 listing the third countries whose
nationals must be in possession of visas when crossing the external
borders and those whose nationals are exempt from that requirement (pdf): Vote on the EP's
negotiating position before entering trilogue with the Council.
And EIO: Draft Report: on the adoption of a Directive regarding the European Investigation Order in criminal matters (pdf) see: Statewatch: Analysis: Update The Proposed European Investigation Order
GREECE: Amygdaleza
detention centre unwanted by local community (Arthens News, link):
"Trouble is already brewing in Amygdaleza, where the
first detention centre has been set up. The municipality of Acharnes,
north of greater Athens, filed a petition for an injunction on
Monday against Citizen Protection Minister Mihalis Chryssohoidis,
charging that the Amygdaleza detention centre for illegal migrants
was illegally set up. See also: UNHCR
has reservations on migrant center (link)
MEPs press Lithuania to
re-launch CIA rendition probe (euobserver, link)
April 2012
EU: Council of the European Union/Mixed
Committee: EU
Action on Migratory Pressures - A Strategic Response (Council doc: 8714-rev1-12,
22 pages, pdf) Pages 4-22 contain detailed Action Plan
EU: Council of the European Union:
Amended
proposal for a Directive laying down standards for the reception
of asylum seekers - Examination of text of European Parliament
in view of first informal trilogue (130 pages, pdf) Useful 4-column documents
showing the Commission proposal, the European Parliament and
Council positions and the outcome of the so-called "informal",
secret, trilogue on 23 April 2012.
EU: Council of the European Union:
- Council position
discussions: Amended
proposal for a Directive of the European Parliament and of the
Council on common procedures for granting and withdrawing international
protection status (Recast) (pdf) Still over 200 Member States reservations
- Council position discussions in the Mixed Committee: Proposal
for a Regulation of the European Parliament and of the Council
establishing the European Border Surveillance System (EUROSUR) (pdf) With Member State
positions.
UK
right not to adopt EU justice measure, Lords committee says (Law Society Gazette,
link) and see Select Committee report: The
European Unions Policy on Criminal Procedure (pdf)
INSTITUTE OF RACE RELATIONS: A.
Sivanandans From resistance to rebellion (link): "Detailing
the resistance of black communities to the discrimination of
the British state, Sivanandan reminds us throughout that acts
of resistance are made necessary by the realities of everyday
oppression. The pattern of black and Asian struggles in Britain,
writes Sivanandan, was set on the loom of British racism. And
resistance may not always take conventional forms.
With the ongoing and excessively punitive sentencing of those involved in last Augusts unrest, we are hearing from the rioters in Tottenham that continual aggressive stop-and-search measures makes them feel policed against, not policed for. Sivanandans words thirty years ago are still as pertinent today:
a government which is not accountable to the people - a government which governs with the politics of the stick and the policies of a thousand cuts, which is anti-working class and anti-women and anti-youth - must have a police force that is accountable to it and not to the people."
Greece opens first migrant
detention centre (euobserver, link)
EU: TERRORISM: Europol: TE-SAT
2012: EU terrorism situation and trend report (pdf). See also: EU
police warn of new-model jihad threat (euobserver, link)
UPDATED: EU: Council of the European
Union: Justice and Home Affairs Council, 26-27 April, Luxembourg:
Press
release, 26-27 April (pdf), "B"
Points agenda
(for discussion), "A"
Points: non-legislative (adopted without discussion):
- Council
adopts new EU-US agreement on Passenger Name Records (PNR) (pdf)
- Council
conclusions on de-radicalisation and disengagement from terrorist
activities
(pdf)
EU: COUNTER-TERRORISM: Council of
the European Union: Preventing
lone actor terrorism - Food for thought (9090-12, pdf) and Concept
paper - capacity building in third countries: funding and implementation (9084-12, pdf)
EU: Council of the European Union:
Outcomes: Visa
Working Party/Mixed Committee (8976-12, pdf) includes: Electronic
calculation of stay in the Schengen area and Meetings Document:
Information on the visa aspects of the preparations for the 2012
UEFA European Football Championship (EURO 2012)
EU: European Court of Justice: Advocate-General
Opinion: in favour of the European Parliament and against the
Council: Schengen
Border Code Border surveillance - full text (pdf)
Amnesty International: Choice
and Prejudice: Discrimination against Muslims in Europe (link)
UNCHR: Hungary as a country of asylum (pdf) and See: Handcuffs and leashes
await asylum seekers in Hungary (euobserver, link)
Greeks
seek austerity trial at The Hague (BBC News, link): "It is rare
for citizens to try to take their government to court, and even
more so for a Western European government to be taken to the
International Criminal Court (ICC) in The Hague. But that is
what one group based near the Greek capital is now attempting.
And the charges are more drastic still. It is alleged that the
austerity measures introduced by Greece's government constitute
peacetime genocide and crimes against humanity."
EU: Study
finds that "there is no need to introduce new instruments
for cross-border information exchange" (link)
- There is a "tendency that
for 'each and everything' a new database has been set up"
- 46% of police authorities class data protection as a major
or just less than major obstacle to exchange
- Member States want greater access to "non-police data"
such as that from EURODAC or Passenger Name Record systems
European
Parliament: MEPs
question Commission over problems with biometric passports
(Press release, pdf)
EU plans for big brother
data analysis must be nipped in the bud (euobserver, link): "So, while EU home
affairs ministers may push ahead with their legislative deliberations
on the proposed EU PNR system, opposition is brewing. With plans
already afoot in some EU countries to apply similar data analysis
systems to other forms of transport, it can only be hoped that
the European Parliament will live up to its role of defending
the rights of European citizens and nip these proposals in the
bud."
EU: Statewatch Analysis: The
Directive on data protection and law enforcement: A Missed Opportunity? (pdf) Steve Peers, Professor
of Law, Law School, University of Essex:
In January 2012, the Commission proposed a comprehensive overview of these two key measures. The 1995 data protection Directive would be replaced by a Regulation, which would remove much of the discretion left to Member States by the current Directive. On the other hand, the Framework Decision would be replaced by a Directive, which would be binding but which would leave to Member States the choice of form and methods to implement it.
ECJ:
European Court of Justice: Advocate
General Opinion on mandatory data retention case (pdf)
EU: European
Data Protection Supervisor Opinion on the Anti-Counterfeiting
Trade Agreement (ACTA, pdf) Press release: ACTA
measures to enforce IP rights in the digital environment could
threaten privacy and data protection if not properly implemented (link)
The Opinion shows that the lack of precision of the Agreement about the measures to be deployed to tackle infringements of intellectual property rights ('IP rights') on the Internet may have unacceptable side effects on fundamental rights of individuals, if they are not implemented properly. It underlines that many of the measures to strengthen IP enforcement online could involve the large scale monitoring of users' behaviour and of their electronic communications. These measures are highly intrusive to the private sphere of individuals, and should only be implemented if they are necessary and proportionate to the aim of enforcing IP rights.
EU-PNR: Council of the European Union:
Council negotiating position: Proposal
for a Directive of the Council and the European Parliament on
the use of Passenger Name Record data for the prevention, detection,
investigation and prosecution of terrorist offences and serious
crime (8916/12, pdf)
EU: Sarkozy
wants EU partners to toughen border controls (EUbusiness, link) French
President Nicolas Sarkozy, chasing far-right voters in a troubled
re-election bid, will press EU partners to make it easier to
recall border guards in Europe's visa-free travel area.
Europe: Amnesty
International report: Choice and prejudice: Discrimination against
Muslims in Europe (pdf) Muslims across Europe belong to many
different ethnic groups and follow diverse cultural, religious
or traditional practices. They are discriminated against for
different reasons, including their religion or belief, ethnicity
and gender. This report highlights discrimination on the grounds
of religion or belief and illustrates some of its consequences.
UK: MI5
'gave Libyan spies details of dissidents in Britain' (Guardian, link) Tripoli
agents were reportedly greeted at Heathrow and given mobiles
and a safe house in Knightsbridge on 2006 mission.
EU-PNR: Council of the European Union:
Hot on the heels of the European Parliament agreeing to the EU-USA
PNR Agreement the Council is to adopt its common position, prior
to "negotiating with the EP, at the JHA Council on the EU-PNR
Scheme: 1) Proposal
for a Directive on the use of Passenger Name Record data for
the prevention, detection, investigation and prosecution of terrorist
offences and serious crime (Doc: 8448-rev 1-12,pdf):
The Commission had proposed an initial storage period of 30 days, followed by a further retention period of five years of masked out data... an initial storage period of 30 days is generally considered much too short from an operational point of view...Taking into consideration the operational needs the initial retention period is set at two years."
And so-called "compromise" on the scope: "Article 1a.. allows Member States to apply this Directive to all or selected intra-EU flights. Hence, the Article allows any Member State to collect PNR data from those intra-EU flights it considers necessary in order to prevent, detect, investigate or prosecute serious crime or terrorism. It thus constitutes a compromise between those Member States that are in favour of mandatory inclusion of all intra-EU flights and those that are opposed to any inclusion of intra-EU flights." (emphasis added)
2) Previous version: Doc 8448-12 (pdf) and 3) earlier initiative of the UK to include flights between EU Member States - the Commission proposal only covered flights in and out of the EU: Doc 9103-11 (pdf)
Europe: migreurop press release: New
Group Deportation Flight Coordinated by FRONTEX as means of Collective
Expulsion towards Serbia : Rights violation and the impunity
of member-states New Group Deportation Flight Coordinated by
FRONTEX as means of Collective Expulsion towards Serbia : Rights
violation and the impunity of member-states (link)
EU: Council of the European Union:
- ICT re-draft: Proposal for a Directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (pdf)
- Roadmap to ensure a coherent EU response to continued migratory pressures (pdf)
- Opt-out issues: Council Decisions related to Partnership and Cooperation Agreements - new arrangements (pdf)
EU: European Commission and EEAS:
Joint
Staff Working Paper: Strengthening ties between CSDP and FSJ
actors: Proposals for a way ahead (pdf)
EU: Standing committee of experts
on international immigration, refugee and criminal law (Meijers
Committee): The
Dutch surveillance system @migoboras (a Dutch/English acronym standing for
"Mobile Information-Driven Action Better Operational Results
and Advanced Security," pdf):
"The
Meijers Committee is of the opinion that controls behind the
borders will have an effect equivalent to border checks if the
following elements are present:
a. the surveillance aims expressly at controlling persons who
just crossed the internal borders;
b. the surveillance aims at controlling whether these persons
are complying with the conditions for entry and stay in the country
(which is equivalent to combating illegal stay after the crossing
of borders);
c. the surveillance is exercised on a systematic basis."
Europe: migreurop press release: The
right to information of civil society and the press in detention
centres for migrants violated (link)
EU: European Court of Justice: Advocate
General Opinion in case involving: Minimum
standards for the qualification and status of the third-country
nationals as stateless persons or refugees (pdf)
COE-ECHR: High
Level Conference on the Future of the European Court of Human
Rights: Brighton Declaration (pdf)
EU: YET ANOTHER BAD DAY FOR CIVIL
LIBERTIES: MEPs
back plans to give air passenger data to US (BBC News, link). "The
European Parliament has adopted a controversial bill that will
give the United States access to personal information about airline
passengers. MEPs agreed by 409 votes to 226 to let the US Department
of Homeland Security see data on the Passenger Name Record (PNR)"
The two major parties blocs - PPE (conservative group) and S&D
(socialist group) were committed to voting in favour.
See Statewatch's Observatory: Exchange of data on passengers (PNR) with USA
EU-SWITZERLAND:
Swiss re-impose immigration limits on some EU states - The Swiss
government has decided to re-impose immigration quotas on workers
from central and eastern European Union (EU) countries. (BBC News, link). See
also: Statement
by High Representative Catherine Ashton on the decision of the
Swiss Government to re-establish quantitative limitations for
certain categories of residence permits as regards EU citizens
who are nationals of eight of the EU Member States (pdf)
EU: Statewatch Analysis: Amending
the EUs Borders Code (pdf) by Steve Peers, Professor of Law, Law School,
University of Essex:
"The Borders Code has already been amended on four occasions... However, the 2011 proposals would have a much bigger impact on the text of the Code. Between them, these proposals would amend nearly every provision of the Code, and add a number of new provisions."
EU-G6: FOR THE RECORD: G6
meeting, Paris, 1 December 2011 (pdf): The secretive G6, working on
justice and home affairs, is comprised of France, Germany, Spain,
Italy, Poland and the UK - it is usually also attended by the
USA Department of Homeland Security. The meeting discussed Schengen
governance, asylum and itinerant (mobile) criminality and, including
the US representatives, focused on the recovery of criminal assets
and Transatlantic data sharing.
EU-EDPS: EDPS
calls for data protection safeguards before public sector information
containing personal data can be re-used (Press release, pdf), Opinion (pdf) and Public
access to documents containing personal data after the Bavarian
Lager ruling (pdf)
Peter Hustinx, EDPS, says: "The re-use of PSI containing personal data may bring significant benefits, but also entails great risks to the protection of personal data, due to the wide variety of data held by public sector bodies. The Commission proposal should therefore more clearly define in what situations and subject to what safeguards information containing personal data may be required to be made available for re-use."
EU: Statewatch Analysis: Amending
the EUs visa list legislation (pdf) by Steve Peers, Professor of Law,
University of Essex:
"Quite apart from the usual lack of transparency of EU documents (the texts submitted to Coreper have not officially been made public, although they are available on the Statewatch website - see the links below), the negotiation process is highly obscure, as it is not currently clear whether Coreper even reached an agreement on the proposed measures, and if so what text was agreed....
the version of the proposed legislation discussed in Coreper clearly shows the Member States intention to assert the EUs authority more forcefully as regards visa policy by the creation of two new fast-track powers to impose visa obligations, but also to retain a lot of political discretion when using such powers. Although these new powers would be conferred upon the Commission, Member States have tried as much as possible to assert their control over its actions, and they have rejected any attempt to remove their remaining discretion as regards visa policy for various categories of persons."
EU: European Court of Justice: Advocate
General's Opinion: European
Parliament v Council of the European Union (Action for annulment
Decision 2010/252 Implementing powers Limits Regulation No 562/2006
Schengen Borders Code Border surveillance) (pdf). Advocate-General's
opinion backs EP challenge to Council's decision implementing
borders code re Frontex.
EU authorities accused
of blindness on 'counter-jihad' (euobserver, link): "Security
services in Europe have neglected the kind of right-wing extremism
which inspired Norway's Anders Behring Breivik to commit mass
murder, a UK-based rights group has warned. "Post-911, all
major authorities have themselves in the EU focused on the direct
threat of Islamic terrorism while they took their eye off the
ball on the radicalisation of Europeans," Daniel Hodges,
a campaigner for Hope Not Hate, a London-based NGO, told EUobserver
on Monday (16 April).
EU: FRONTEX: Statewatch Analysis: The
Frontex Regulation - Consolidated text after final 2011 amendments (pdf) by Steve Peers
Professor of Law, University of Essex:
"The following presents the Regulation setting up the EU Borders Agency - Frontex - as it was amended by a number of amendments adopted in 2011: Regulation 1168/2011, OJ 2011 L 304/1 (the 2011 amendments). It replaces the consolidated text of the Regulation based on the agreed text of the 2011 amendments, which were subject to a number of technical changes when they were finally adopted."
EU: Dissolve
secret agencies and police Anarchy in the EU! (link)
EU: Updated: Statewatch European Monitoring
and Documentation Centre (SEMDOC) Justice and Home Affairs "e-library"
archive (1976 - 2000): Weekly Highlighted documents: Update including:
- 8680/00: Summary
update of the existing analyses of information on border control,
asylum, immigration and police in Romania
- 9334/00 - Proposal on responsibility for stowaways
- 9559/1/00 - Football hooliganism - Annual report on football
hooliganism in the Member States of the European Union: Synthesises
information from fourteen countries to provide an overview of
football hooliganism and police cooperation measures intended
to cope with the problem
- Draft conclusions of the Executive Committee's meeting held
in S-Gravenhage on 21 February 1996: (Document in French) Following
a request from Spain for Schengen Member States to cooperate
more closely on terrorism issues, the EU Presidency brings forward
a proposal for improved extradition mechanisms between Member
States
- The SCHENGEN ACQUIS 1990 - 1995 and 13-page list of all conventions,
decisions and measures adopted between 1990 and 1995
- 11358/00 - Advanced technologies: production of a directory
of the prefixes and roaming agreements of mobile phone operators
in the fifteen countries of the European Union - Questionnaire
-12086/00 - Conclusions of the seminar on the laundering of the
proceeds from organised crime in Europe (Paris, 13 to 15 September
2000)
Search JHA archive - EU Justice and Home Affairs documents from 1976 onwards: (currently holds 5,600 documents)
EU: European Parliament, Subcommittee
on Human Rights Public Hearing on Secret rendition and detention
practices - How to protect Human Rights while countering terrorism?
12 April 2012: Mr.
Juan E. Méndez, United Nations Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment (pdf)
EU: Joint NGO statement: The
Brighton Declaration must strengthen human rights protection
in Europe and preserve the integrity and authority of the European
Court of Human Rights (pdf)
EU: ACTA: European Parliament: Draft
Recommendation (pdf): Committee on International Trade, Rapporteur
David Martin MEP. See aso: EU
Parliaments draftsman urges ACTA rejection (euractiv, link)
EU: European Parliament study: EU
Framework of Law for Childrens Rights (49 pages, pdf)
EU: Statewatch Analysis: The
revised Dublin rules on responsibility for asylum-seekers: The
Councils failure to fix a broken system (pdf) by Steve Peers, Professor of Law,
Law School, University of Essex:
"The Council appears to have little regard for the case law of the European Court of Human Rights or the EUs Court of Justice, as regards the issue of suspending transfers in light of justified human rights concerns. Moreover, the Council clearly wishes to jump the gun on a number of other issues pending before the Court of Justice as regards the Dublin rules (the humanitarian clause, the rules on unaccompanied minors, and the application of the reception conditions Directive to Dublin cases)....
the Council has not accepted either of the two remedies which the Commission had proposed to fix the Dublin system the suspension of that system or the significant improvement of the rules relating to family members and vulnerable persons. It remains to be seen whether the EP is willing to recognise that the Dublin system is broken, and to demand that more serious steps be taken to fix it."
EU: Council of the European Union:
- Draft
Council Conclusions on further enhancing efficient cross-border
exchange of law enforcement information (DAPIX, 5929/2/12, pdf)
- Draft
Council conclusions on the establishment of a European Cybercrime
Centre
(ENFOPOL, 8295/12,pdf)
- Amended
proposal for a Directive of the European Parliament and of the
Council on common procedures for granting and withdrawing international
protection status (ASILE, 8591/12, pdf)
ECHR-PUBLIC ORDER-TEAR GAS: European
Court of Human Rights: Police
should not have used tear gas against a peaceful demonstrator (Press release, pdf)
and Judgment (pdf). See also: Man
gets ¬10,000 as tear gas victim (Athens News, link)
EU: Death
of 63 migrants in the Mediterranean: Complaint in France holds
the French military to account (FIDH, link)
EU: NGOs give EU commission
a beating over anti-counterfeit pact (euobserver, link): " Amnesty
Intentional, Oxfam, Reporters without Borders as well as internet
rights groups and the Council of Europe all spoke out against
the Anti-Counterfeiting Trade Agreement (Acta) at a European
Parliament hearing on Wednesday (11 April). "
EU: Council of the European Union:
Proposal
for a Directive on the right of access to a lawyer in criminal
proceedings and on the right to communicate upon arrest - Preparation
of Coreper
(pdf) Revised Council position.
GREECE: Greece
taking a leaf out of the UKs manual on indefinite detention (link) "The
Greek government appears to have taken a leaf out of the UK governments
book and decided to hold migrants in detention centres indefinitely.
The new plans which have already raised significant criticism
by campaigners centre on opening 30 former military sites and
detaining 1000 people in each."
UK: Home Affairs Select Committee
report: Work
of the UK Border Agency (August - December 2011) (pdf) See: UK
Border Agency unable to fulfil its basic functions, MPs warn (Guardian, link)
UK: Home Affairs Select Committee
report: The
US-UK Extradition Treaty (link)
RE-POSTED: EU: AGENCIES: Council of
the European Union: Evaluation
of European Union agencies (pdf)
Background: Study for the Commission: Evaluation of the EU de-centralised agencies in 2009: Final Report Volume I (pdf) and Volume II (pdf), Volume III (pdf) and Volume IV (pdf)
EU: Council of the European Union:
- SCHENGEN: Proposal
for a Regulation amending Regulation (EC) No 562/2006 in order
to provide for common rules on the temporary reintroduction of
border control at internal borders in exceptional circumstances
- Revised draft compromise text (6161-rev1-12, pdf)
- SCHENGEN: Proposal
for a Regulation of the European Parliament and of the Council
amending Council Regulation (EC) No 562/2006 of the European
Parliament and of the Council establishing a Community Code on
the rules governing the movement of persons across borders (Schengen
Borders Code) and the Convention implementing the Schengen Agreement (8262-12, pdf)
UK
'exporting surveillance technology to repressive nations - 'Fears
that software similar to that which government wants to use in
Britain is being sold to monitor dissidents abroad (Observer, link)
EU: Council of the European Union: Classified information,
Football, Schengen, Migration and European External Action Service
(EEAS)
- CLASSIFIED
INFORMATION and the European Parliament: Interinstitutional
Agreement between the European Parliament and the Council
concerning the forwarding to and handling by the European Parliament
of classified information held by the Council on matters other
than those in the area of the Common Foreign and Security Policy
- Council implementing arrangements (pdf) This includes international agreements
on which the European Parliament is to be consulted or is required
to give its consent pursuant to Article 218(6) TFEU; or negotiating
directives for agreements - vetted MEPs and assistants will be
allowed to see Classified documents but will not be able to make
notes or directly refer to what they have seen.
- FOOTBALL:Draft
annual Action Plan implementing the 2011-2013 EU Work Programme
on further measures designed to maximise safety and security
in connection with sports events, in particular football matches,
with an international dimension (pdf)
- SCHENGEN GOVERNANCE: Proposal
for a Regulation of the European Parliament and of the Council
amending Regulation (EC) No 562/2006 in order to provide for
common rules on the temporary reintroduction of border control
at internal borders in exceptional circumstances - Revised draft
compromise text (pdf)
- EUROPOL: Revision
of Europol's legal basis (pdf): includes "Facilitating
access by Europol to private-sector held information"
- Draft
Council Conclusions on the Global Approach to Migration and Mobility (8361-12, pdf)
- EEAS: Guidelines
on the use of "Visting Experts" in the context of civilian
CSDP missions
(pdf)
- EEAS: Report
by the High Representative to the European Parliament, the Council
and the Commission of 22 December 2011 (pdf)
- EEAS: EU
Military Lessons Learned (LL) Concept (pdf): "This document provides
an overarching concept, the core of which is a revised process
which
describes how EU military lessons (and, where appropriate, civilian
lessons) can be learned, in order to develop and improve the
military contribution to CSDP."
EU: EU-USA PNR: European Parliament:
Question
to the Commission (pdf) from Sophie in 't Veld MEP
EU: Article 29 Working Party on data
protection: Opinion
01/2012 on the data protection reform proposals (pdf) and Proceedings
from: Working Party on Information Exchange and Data Protection
(DAPIX) on: 14-15 March 2012 Subject: Summary of discussions with the Council where
the EDPS and the Chair of the Article 29 WP expressed strong
reservations on the proposed Directive on law enforcement and
data protection: See: Statewatch: Observatory on data
protection in police and judicial matters (2005-2008) and 2011
ongoing
EU: EU: Article 29 Working Party on
data protection: Opinion
02/2012 on facial recognition in online and mobile services (pdf)
"This
is hell": Romania's horrendous detention conditions
Calls of desperation have been received by the Migreurop network
from Romania's Arad detention centre in the past weeks.[1] Serious
cases of brutality and abuse by officers were reported, raising
deep concerns about detention conditions and the monitoring of
immigration detention centres in Romania. As a European-wide
campaign on immigration detention calling for more transparency
and accountability has just been launched, these voices act as
a powerful reminder of the violence inflicted on irregular migrants
in Europe today.
EU-SIS: Council of the European Union:
Schengen
information system database statistics 01/01/2012 (pdf) and Statewatch
chart: 2009-2012 (pdf)
The latest Schengen Information System (SIS) statistics show the number of total "alerts" have decreased compared to 2011, the number of alerts on "unwanted aliens" however for the second year. But arrest "alerts" (probably mainly to the increased use of EAW) is on the rise as are those for Article 99 alerts on specific checks and discreet surveillance.
EU: Updated: Statewatch European Monitoring
and Documentation Centre (SEMDOC) Justice and Home Affairs "e-library"
archive (1976 - 2000): Weekly Highlighted documents: Update including: Council
Recommendation on guidelines for preventing and restraining disorder
connected with football matches (1996); Joint Action adopted
by the Council on the basis of Article K.3 of the Treaty on European
Union extending the mandate given to the Europol Drugs Unit
(1996); Draft convention on mutual assistance in criminal
matters between the Member States of the European Union (2000),
this documents details the mechanisms foreseen at an EU level
to enhance police and judicial cooperation in criminal matters.
The proposal is followed by an insight into the motivations behind
this Convention, as well as the opinion of the Council's Legal
Service; Programme of measures to implement the principle
of mutual recognition of decisions in criminal matters (2000),
this documents details the practical aspects of cooperation envisaged
to enhance cooperation in criminal matters and Declaration
by the Ministers and Secretaries of State regarding the extension
of the readmission agreement (in German and French, 1992)
Search JHA archive - EU Justice and Home Affairs documents from 1976 onwards: (currently holds 5,484 documents)
Italy
sets 2012 quota for seasonal migrant workers
EU: FLIGHTS - LIQUIDS BAN TO END:
New
scanners could end airline liquids ban - The ban on passengers
taking liquids on planes could be lifted within a year after
ministers approved a new generation of airport scanners (Daily Telegraph, link)
GREECE: Pensioner suicide shocks Greece (euobserver, link):
"A pensioner committed suicide in the centre of Athens
Wednesday (4 April) giving a public face to the hardship endured
by many Greeks as the country slashes spending to satisfy international
creditors... It later emerged that he had left a suicide note.
I cant find another way to react apart from putting a dignified
end to things before I start looking through garbage in order
to survive and before I become a burden for my child, said the
note according to Greek paper Ekathimerini."
EU: MEPs
want to stop EU funds reaching far-right parties (European Voice, link):
"The Parliament's senior management allocated ¬289,266
to the European Alliance of National Movements (EANM) on 13 February.
Among the seven members of this grouping are the nationalist
and highly populist British National Party, France's Front National
and Hungary's Jobbik, all of which have repeatedly been branded
as xenophobic."
UK: Independent Police Complaints
Commission: Report
on Mark Kennedy, undercover police officer (pdf) See also: Watchdog
criticises police over Mark Kennedy's undercover tapes - IPCC
finds a collective responsibility for failure to disclose undercover
officer's recordings to activists (Guardian, link)
EU-UK: UK
net super-snooping clashes with Euro privacy law expert (The Register, link):
New legislation that would enable a UK intelligence agency
to monitor data from internet communications in real time without
a warrant could be challenged at EU level unless other privacy
safeguards limit the scope of that monitoring, an expert has
said.
EU: Article 29 Working Party on Data
Protection: Opinion
01/2012 on the data protection reform proposals (link) and See: Individuals
should generally not be identifiable when their personal data
is being processed, privacy watchdog says: "Organisations
should be required to "anonymise or pseudonymise" personal
data when processing the information if it is "feasible
and proportionate" to do so, an EU privacy watchdog has
said.
UK: Network for
Police Monitoring: Kettle Police Powers Netpol Conference 2012 (link): Following
the success of the Standing Up To Surveillance conference last
year, we are pleased to announce that Netpols second conference
will take place on the 20th May 2012, starting at 10.30am This
time the focus of the conference is Total Policing the new London-based
policing initiative with an elusive definition. Are we seeing
Total Policing? Or a Total Lockdown?
EU: ECJ: Access to information - MEPs'
assistants: Judgment (pdf):
"Annuls the decision of the European Parliament of 12 February 2010 in so far as it refuses to grant Kathleen Egan and Margaret Hackett the access requested to the public registers of assistants to former members of the European Parliament"
UK: Parliamentary Joint Human Rights
Committee: The
Justice and Security Green Paper (70 pages, pdf): Secret courts:
"The Green Paper redefines the meaning of a court for certain purposes, and in our view it would be beneficial to parliamentary scrutiny of such a measure if it could be informed by judicial views on a matter which goes to the very nature of the judicial function."
EU: Anti-Semitism,
xenophobia and racism are on the rise in Eastern Europe, under
the guise of ultra-nationalism. A look at the forces behind it,
and what the European Union is doing to reign it in (globalpost, link)
EU: Council of Europe report: Lives
lost in the Mediterranean Sea: who is responsible? (pdf):
"The starting point for this report is that at least 1 500 people are known to have lost their lives attempting to cross the Mediterranean in 2011. This report however focuses on one particularly harrowing case in which a small boat left Tripoli with 72 people on board and after two weeks at sea drifted back to Libya with only nine survivors. No one went to the aid of this boat, despite a distress call logged by the Italian Maritime Rescue Coordination Centre, which pinpointed the boats position. There were also a number of alleged direct contacts... including a helicopter that dropped biscuits and water, but never returned, two fishing vessels, both of which refused to provide assistance, and a large military vessel which came into close contact with the boat, but ignored obvious distress signals."
See also: Nato among those accused of letting migrants die at sea (euobserver, link) Confusion, denial and ignored distress signals by Nato, warships and two fishing boats led to the death of 63 migrants (including children) on a boat which tried to cross the Mediterranean last year, according to a scathing report by the Council of Europe (CoE).
Poland indicts former
spymaster over CIA renditions (euobserver, link)
UK: Leaked
Liberal Democrat internal briefing on new government surveillance
plans reveals MPs being misled on key issues (PI link)
POLAND: How
many times did the state authorities reach out for our private
telecommunications data in 2011? We publish the latest research (Panoptykon, link) This
ia carried out under the EU Directive on mandatory data retention
and: "Just last year the courts, public prosecutor's
office, the police and other authorities used data concerning
our electronic communication exactly 1 856 888 times. It is almost
half a million times more than in 2010 and 800 000 times more
than in 2009."
UK: Email and
web use 'to be monitored' under new laws (BBC, link) The government
will be able to monitor the calls, emails, texts and website
visits of everyone in the UK under new legislation set to be
announced soon. Media coverage: Email
snooping laws: as idiotic as they are illiberal (Telegraph, link) Web
surveillance - whos got your data? (BBC, link) Internet
companies warn over government email surveillance plans (Guardian, link)
This is a clear reversal by the coalition government on their pledge to "end the storage of internet and email records without good reason" and marks the revival of the Labour government's much criticised Interception Modernisation Programme.
March 2012
EU-ACTA: Statewatch Analysis: Support
for ACTA wanes following mass protests (pdf) by Max Rowlands:
"The Agreement will require all signature countries to criminalise copyright infringement and grants private companies an inordinate amount of power to police the internet. A fierce public backlash in Europe has forced the European Commission to refer ACTA to the European Court of Justice."
GREECE: Greece
to complete anti-migrant wall 'very shortly' (euobserver, link) Greece
has said it will quickly finish construction of a controversial
wall designed to keep out migrants, claiming that the thousands
of people coming into the country each year threaten "social
peace." Greece
to open new detention centres for illegal migrants (Guardian, link) Athens
plans up to 30 camps on disused military sites across country
to house migrants blamed for 'crime epidemic.'
EU: Council of the European Union: Access to documents annual report: Tenth
annual report of the Council on the implementation of Regulation
No 1049/2001 of the European Parliament and of the Council of
30 May 2001 regarding public access to European Parliament, Council
and Commission documents (pdf)
EU: Council of the European Union:
Summary
record of the meeting of the European Parliament Committee on
Civil Liberties, Justice and Home Affairs (LIBE), held in Brussels
on 26 and 27 March 2012 (pdf)
EU: European Commision: Commission
Staff Working Paper: Accompanying document to the Proposal for
a Directive on the freezing and confiscation of proceeds of crime
in the European Union Impact Assessment (pdf)
EU-USA PNR: Commission reply to question
from Sophie in 't Veld MEP: Answer
given by Ms Malmström on behalf of the Commission (pdf)
EU: Council of the European Union:
Proposal
for a Regulation of the European Parliament and of the Council
regarding public access to European Parliament, Council and Commission
documents - Meetings on 9 and 27 March 2012 of the Working Party
on Information (pdf)
EU: DATA PROTECTION: Reding
tells MEPs to fast-track data protection reforms (euobserver, link) EU
commission Vice-President Viviane Reding on Wednesday (28 March)
urged MEPs to back her proposals to overhaul the EU Data Protection
law, saying that citizens and businesses "can't wait two
years for adoption."
UK:
Final Report of the Independent Reviewer on the Prevention of
Terrorism Act 2005 by David Anderson QC: Control
Orders in 2011 (pdf) and Press
release (pdf)
Recent evaluations of EU mechanisms for information exchange amongst Member States' law enforcement authorities have not been particularly positive. The Council is now seeking ways to "further enhance efficient cross-border exchange of law enforcement information", and has published a draft set of Conclusions on the matter demanding the full implementation and application of "all existing legal instruments for the exchange of law enforcement information, in particular the Swedish Framework Decision, the Prüm Decisions and the CBE Directive".
EU: Communication
from the Commission to the Council and the European Parliament:
Tackling Crime in our Digital Age: Establishing a European Cybercrime
Centre
(pdf) press
release
(link). The centre will be established within the European
Police Office, Europol in The Hague (The Netherlands). The centre
will be the European focal point in fighting cybercrime and will
focus on illegal online activities carried out by organised crime
groups, particularly those generating large criminal profits,
such as online fraud involving credit cards and bank credentials.
EU: Council of the European Union:
FIDE
Handbook
(Customs files identification database, pdf)
EU: Basic
rights for crime victims across the EU (European Parliament website, link).
All crime victims should have the same basic rights across
the EU, and should have their specific needs assessed, under
a draft EU directive setting minimum protection standards unanimously
endorsed by the Civil Liberties and Womens Rights committees.
EU: Poland indicts former
spymaster over CIA renditions (euobserver.com, link) Seven years
after the Washington Post broke the story and amid ongoing European
Parliament efforts to get to the truth, Poland has become the
first EU country to indict one of its officials over CIA renditions.
USA: DHS EMPLOYEES UNHAPPY: Government
Accountability Office (GAO) report: Department
of Homeland Security: Preliminary Observations on DHSs Efforts
to Improve Employee Morale (pdf)
EU-USA PNR Study for the Green Group
in the European Parliament: Comparative
Study on the 2011 draft Agreement between the Unites States of
America and the European Union on the use and transfer of Passenger
Name Records (PNR) to the United States Department of Homeland
Security
(pdf)
EU: Council of the European Union:
- DUBLIN III:
Proposal
for a Regulation of the European Parliament and of the Council
establishing the criteria and mechanisms for determining the
Member State responsible for examining an application for international
protection lodged in one of the Member States by a third-country
national or a stateless person (Recast) - Preparation for the
first informal trilogue [First reading] (pdf)
- ACCESS TO LAWYERS: Proposal
for a Directive of the European Parliament and of the Council
on the right of access to a lawyer in criminal proceedings and
on the right to communicate upon arrest - Questions on Article
11 on the right of access to a lawyer in European Arrest Warrant
proceedings
(pdf)
- SCHENGEN BORDER CODE: Proposal
for a Regulation of the European Parliament and of the Council
amending Council Regulation (EC) No 562/2006 of the European
Parliament and of the Council establishing a Community Code on
the rules governing the movement of persons across borders (Schengen
Borders Code) and the Convention implementing the Schengen Agreement (pdf). Now amends half-a-dozen
measures and the Council seems to have forgotten that two of
these apply to Denmark
EU-ACTA: MEPs
vow to 'bury' ACTA by summer (euractiv, link): "The Socialist
and Green groups in the European Parliament vowed to "bury"
the controversial Anti-Counterfeiting Trade Agreement by the
summer, before the European Court of Justice would have the chance
to issue a verdict...."The decision not to ask for
legal advice from the Court of Justice is the first sign that
this Parliament is ready to reject ACTA," Bernd Lange, the
Socialists and Democrats trade spokesman, was quoted as saying."
EU: European Parliament: Press release: US
secret prisons in Europe: a "law of silence" among
governments
(pdf):
"Further evidence is emerging of the possible complicity
of some European governments in the CIA's secret detention programme.
At a public hearing of experts on Wednesday, Civil Liberties
Committee MEPs deplored the lack of cooperation from EU Member
States and are preparing a new report."
EU: Another bad day for civil liberties:
European Parliament: Civil
Liberties Committee green light for air passenger data deal with
the US
(pdf):
The EU-US PNR deal was approved with 31 votes in favour, 23 against and one abstention. The EPP and ECR groups voted in favour. In a debate last February, a number of MEPs said that it was better to have an agreement, albeit not entirely satisfactory, than to have no agreement at all. The ALDE, Greens/EFA and GUE/NGL groups voted against, because they consider that data protection safeguards foreseen in the agreement do not meet EU standards. S&D MEPs were split.
Targeting
Roma: How the EU security apparatus is mobilised for the "fight
against itinerant crime"
At a meeting of the EU Council's Law Enforcement Working Party held on 15 February 2012 in Brussels the Danish Presidency, supported by Europol, presented a discussion paper that is alarming in several aspects. The paper on "intelligence-led policing through closer cooperation with Europol in the fight against itinerant criminal groups" shows that only a minority of EU Member States are making use of the Europol Information System (EIS). Hence, the paper promotes the use of the EIS for the "fight against itinerant criminal groups".
Lives
lost in the Mediterranean Sea: who is responsible? PACE draft
report to be presented in Brussels (link) see also: NATO:
Clarify Response to Deaths at Sea On Anniversary of Migrant Deaths,
Public Disclosure Needed (pdf)
Migreurop/European
Alternative campaign launched today across Europe on access to
detention centres for civil society organisations, and the media
(asking for more transparency and accountability to inform and
denounce what is happening in this respect). The campaign will
last from 26 March 2012 to 26 April 2012 across Europe and possibly
beyond depending on what non-EU partners will achieve: see: Campaign homepage
(link), Campaign
leaflet (overview of detention conditions in different countries)
and Call for joining
up/signing up
EU: DUBLIN REGULATION: The
recast of the Dublin regulation (2008/0243 COD) and the proposal
for a process for early warning, preparedness and management
of asylum crisis (pdf)
Letter of the
Meijers Committee to the European Parliament on the recast of
the Dublin regulation and the proposal by the Presidency to introduce
an early warning, preparedness and management of asylum crisis
system. The Meijers Committee supports the proposal to oblige
Member States to report on their asylum management, but is of
the opinion that the requested statistical data do not necessarily
indicate whether the fundamental rights of the asylum seeker
are protected in these States. Moreover, the Meijers Committee
urges the European Parliament to call for an explicit provision
in the Dublin regulation that the statistical data provided by
the Member States will be made public.
STATEWATCH LAUNCHES OBSERVATORY ON FRONTEX: Launch
of Frontex Observatory March 2012 (Press release, pdf):
"Statewatch's Frontex Observatory will analyse and document the role and activities of Frontex. It provides a unique source of understanding of the Agency's operations and activities, bringing together legal, political, analytical documents from a variety of sources. Regularly updated, the Observatory allows for a contextualised understanding of Frontex's development over the years and throws light on the main issues at stake with regards to civil liberties and fundamental rights. Divided into six sections, the Observatory will be particularly useful to researchers, civil society organisations, academics, students, journalists, lawyers, and parliamentarians.
Established
in 2006 by Regulation 2004/2007, Frontex is the European Agency
for the Management of the External Borders of the European Union.
It coordinates and co-organises with Member States high-tech
border control operations at sea, land and air external borders
of the EU, and carries out joint return flights of irregular
migrants. Its mandate was revised in 2011. Since its inception,
Frontex has been criticised for its lack of transparency and
accountability."
Link to: FRONTEX
Observatory
EU-USA-AUSTRALIA PNR: Statewatch Analysis: Making
Fundamental Rights Flexible: The European Commissions Approach
to Negotiating Agreements on the Transfer of Passenger Name Record
(PNR) Data to the USA and Australia (pdf) by Chris Jones:
"It is important to note that while the Agreement and Draft Agreement both contain derogations from fundamental rights obligations, they are not isolated infringements on privacy and data protection. Rather, they are both a small part of a swiftly-expanding administrative machinery that seeks to collect and collate as much information about individuals as possible, supposedly in the name of safety and security. As noted above, the problem is not necessarily with the two PNR schemes analysed here rather, the problem is with PNR schemes as a whole. The answer to suggestions that they are ineffective is not to suggest greater, more widespread collection of data, or even to permit such schemes to go ahead as long as they have sufficient safeguards. Rather, it is necessary to challenge the fundamental premises on which such schemes are based. The mass surveillance and monitoring of individuals movements and activities does not lead to security for free societies. Rather, it undermines their very basis."
EU-USA PNR: F.A.Q.
EU-US PNR Agreement (pdf) The Civil Liberties Committee in the European
Parliament is to discuss report by rapporteur Sophie in 't Veld
MEP on 27 March. Draft report: Calls for the parliament to withhold
its consent: DRAFT
RECOMMENDATION: on the draft Council decision on the conclusion
of the Agreement between the United States of America and the
European Union on the use and transfer of Passenger Name Records
to the United States Department of Homeland Security Rapporteur:
Sophia in 't Veld (pdf)
U.S. Relaxes Limits on Use of Data in Terror Analysis (New York Times, link)
and see: NSA
Chief Denies Domestic Spying But Whistleblowers Say Otherwise (WIRED, link)
Biometrics
market set to grow to "$14.685 billion" by 2019 (Info4security, link)
EU: Statewatch Analysis: The
Revised Directive on Asylum-seekers Reception Conditions: The
Member States hit rock-bottom (pdf) by Professor Steve Peers, University
of Essex:
"On the key issues of employment and social welfare, there is now no measurable change from the 2003 Directive.... Member States have genuinely hit rock bottom. It now remains to be seen whether the European Parliament might have any success in convincing them to raise standards a few millimetres more."
UK: Home Office report: Operation
of police powers under the Terrorism Act 2000 and subsequent
legislation: Arrests, outcomes and
stops and searches (pdf)
EU
Supervisor alarmed by threats to access rights (wobbing.eu, link):
"Proposed new EU-rules on data protection threaten public
access to documents and the freedom of expression. Data protection
supervisor Peter Hustinx calls for a substantive provision to
safeguard these rights."
Background: European Data Protection Supervisor's: Opinion on proposed new Regulation on data protection (pdf)
Human
rights complaint on US access to European fingerprint and DNA
databases filed Press release of 22 March 2012:
A German citizen has filed a complaint to the European Court of Human Rights concerning an intergovernmental agreement which allows an undefined number of US authorities (e.g. law enforcement, border authorities, intelligence agencies) to match fingerprints and DNA with German police databases in real-time. The Court has confirmed reception of the complaint (application no. 5095/12).
MEP
In 't Veld (D66 / ALDE): Implementation of EU-US TFTP Agreement
deficient
MEP Sophie in 't Veld (D66 / ALDE) is dismayed that the implementation of the EU-US TFTP Agreement is still deficient. According to the second Europol JSB inspection report, "SWIFT has provided the US with all the data requested since the Agreement entered into force". In 't Veld urgently calls for a debate in the European Parliament with the presence of Europol and the European Commission. "Apparently Europol and the Commission do not find it necessary to adhere to the Agreement, and just consider the Agreement a license to continue sending unfiltered financial messaging data to the US", states In 't Veld.
Background: See: Report from the Europol Joint Supervisory Body on the EU-USA Terrorist Financing Tracking Programme: Europol JSB inspects for the second year: the Implementation of the TFTP Agreement (pdf)
SWEDEN: Mandatory retention of telecommunications
data: Swedish
parliament passes controversial data storage bill (EU Business, link)
EU: Council of the European Union:
Implementation
of the Council Framework Decision 2008/909/JHA on the application
of the principle of mutual recognition to judgments in criminal
matters imposing custodial sentences or measures involving deprivation
of liberty for the purpose of their enforcement in the European
Union - Information provided to the General Secretariat (pdf)
EU: European Parliament: Hearing:
What is new on the alleged CIA illegal detention and transfers
of prisoners in Europe? Tuesday 27 March 2012, 9.00 12.00. European
Parliament, Brussels (pdf)
EU-USA PNR: Study for the Green Group
in the European Parliament: Comparative
Study on the 2011 draft Agreement between the Unites States of
America and the European Union on the use and transfer of Passenger
Name Records (PNR) to the United States Department of Homeland
Security
(pdf)
HUNGARY: Council
of Europe adds to Hungary's predicament (euractiv, link). See the reports from
the Council of Europe's Venice Commission: Judiciary (pdf), Judges
and courts
(pdf) and Freedom
of beliefs
(pdf)
EU: Counter-terrorism
and human rights (European Voice, link):
"We can only be successful in the fight against terrorism in the long run if we stay true to our core values: international law, including human rights, and the rule of law. Violations of human rights and the rule of law, discrimination and repression by government agencies in the fight against terrorism give rise to grievances and may cause individuals to take the wrong choices and resort to terrorism, while such circumstances can never justify or excuse any act of terrorism under any circumstances. "
UK: Tough
new community sentences unveiled by David Cameron (Daily Telegraph, link)
"David Cameron is to introduce punitive community sentences
for criminals who will be tracked by satellite 24 hours a day,
banned from drinking alcohol and given draconian fines."
EU: Council of the European Union:
Access to a lawyer, SCIFA and SCIFA - Mixed Committee
- Proposal
for a Directive on the right of access to a lawyer in criminal
proceedings and on the right to communicate upon arrest - Revised
text
(pdf)
- Strategic
Committee on Immigration, Frontiers and Asylum on: 13 February
2012 Subject: Summary of conclusions (pdf) includes giving Europol access
to VIS (Visa Information System)
- Strategic
Committee on Immigration, Frontiers and Asylum/Mixed Committee
(Iceland/Liechtenstein/Norway/Switzerland) on: 13 February 2012:
Subject: Summary of conclusions (pdf)
EU: Council of the European Union:
"Secondary migration flows", Roadmap - "migratory
pressures", Readmission
- Note:
from: the Belgian, the French, the German, The Netherlands, the
Austrian, the Swedish and the UK delegations Subject: Common
responses to current challenges by Member States most affected
by secondary mixed migration flows (pdf) including: "Ensure that
travel documents used within the EU, including their issuance
and validation, meet minimum security standards, preventing their
use for illegal immigration or criminal purposes.
ID and residence cards should be a particular focus."
- Council
Presidency: to Working Party on Integration, Migration and Expulsion
on 12 March 2012 Subject: Road map to ensure coherent EU response
to continued migratory pressures (pdf)
- Presidency:
to Working Party on Integration, Migration and Expulsion on 12
March 2012 Subject: Operationalising the Council Conclusions
of June 2011 defining the European Union Strategy on Readmission (pdf)
ECHR-UK: A bad day for civil liberties:
Judgment
on kettling case (pdf). See also: Human
rights court backs police 'kettling' - Majority of Strasbourg
judges rule in favour of Met in case brought by demonstrator
and bystanders over 2001 incident (Guardian, lnk) and A
brief history of kettling (Freedom, link)
UK: Metropolitan Police report on
August 2011 riots: 4
days in August (link, pdf). See also: Metropolitan
police boost baton rounds capacity after English riots (Guardian, link)
EU: HUNGARY: Note on: Situation
in Hungary
(pdf)
UK: Home Office report: An
evidence assessment of the routes of human trafficking into the
UK
(pdf)
EU: European Ombudsman: Ombudsman
investigates Frontex's fundamental rights implementation: Letter
to Frontex
(Letter to Frontex, pdf)
UK: Joint Committee on the National
Security Strategy: First
review of the National Security Strategy 2010 (pdf)
EU: European Commission: Proposal
for a Directive on the freezing and confiscation of proceeds
of crime in the European Union (pdf), Commission
Staff Working Paper (pdf) and Press
release
(pdf)
EU: Updated: Statewatch European Monitoring
and Documentation Centre (SEMDOC) Justice and Home Affairs "e-library"
archive (1976 - 2000): Weekly Highlighted documents: Update including: Racism and
xenophobia (1994) report by the K.4 Committee, Draft Council
Recommendation on concerted action and cooperation in carrying
out expulsion measures (1995), Draft explanatory report on the
Convention on simplified extradition procedure between the Member
States of the European Union (1995) and Adoption of the La Gomera
declaration on terrorism (1995).
Search JHA archive - EU Justice and Home Affairs documents from 1976 onwards: (currently holds 5,120 documents)
EU-READMISSION: Turkey: Council of the European Union:
Working Party on Integration, Migration and Expulsion/Mixed Committee
(EU-Iceland/Norway/Switzerland/Liechtenstein): Synthesis
on Member States practical experiences based on delegations responses
to questionnaire discussed at the Working Party meeting on 1
February 2012
(19 pages, pdf): "This compilation is based on the replies
submitted by delegations to the questionnaire drawn up by the
Presidency regarding Member States practical experience with
readmission to Turkey."
EU: Council of the European Union: Summary
of conclusions of the meeting of the JHA-RELEX Working Party
(JAIEX) on 17 February 2012 (pdf) Includes:
1) SELEC-Europol cooperation - see: Draft Council conclusions on cooperation between Europol and the SECI Center/SELEC (pdf): Signatory Member States: Republic of Albania, Republic of Bosnia and Herzegovina, Republic of Bulgaria, Republic of Croatia, the Former Yugoslav Republic of Macedonia, Hellenic Republic, Republic of Hungary, Republic of Moldova, Montenegro, Romania, Republic of Serbia, Republic of Slovenia and Republic of Turkey. Permanent Observers to the SECI Center: States: Austria, Azerbaidjan, Belgium, Czech Republic, France, Georgia, Germany, Israel, Italy, Japan, The Netherlands, Portugal, Slovakia, Spain, Ukraine, United Kingdom and United States of America. See: SELEC website. And see: Historical document from 2004: Assessment of the SECI Regional Centre for combating trans-border crime: Bucharest (233 pages, pdf): " USA provided financial support to SECI Center through various projects, and specified the beneficiary countries from SECI Center to enjoy US support in financial means."
2) USA comments
on the EU's proposed revision of the 1995 Data Protection Directive:
"the US expressed serious concerns about the new proposals
for a data protection Regulation and a Directive (which had at
the time of the meeting not been tabled). The US stated that
these proposals might be an obstacle to fruitful law enforcement
cooperation"
EU: Council of the European Union:
Useful: Comparative
table: Commission proposal for a General Data Protection Regulation
- 1995 Data Protection Directive (pdf)
Council of Europe: The Consultative
Committee of the Convention for the protection of individuals
with regard to automatic processing of personal data: Modernisation
of Convention 108: new proposals (pdf)
UK: DRONES: GCHQ
civilian staff face war crimes charge over drone strikes in Pakistan
- Human rights lawyers claim in High Court that civilians are
'parties to murders' (Observer, link)
"Since the 1990s, the European Union has embarked upon the development of the «external» dimension of its immigration and asylum policy, also known as «externalisation process». Several means, operations and instruments have been implemented for the purpose of making its neighbours (more or less close) take charge of controlling migration flows. Among these instruments, there is a figure that has become one of the linchpins of externalisation: the readmission agreement."
EU: Council of the European Union:
Member
States and "friends" gear up for "Smart Borders" including full set of documents from
2009 survey, member state by member state on "on the
possible creation of a system of electronic recording of entries
and exits of third country nationals in the Schengen area"
The Danish Council
Presidency held a EU conference on "Innovation Border Management"
in February 2012. It was attended by EU Member States, associate
Schengen States (ie: Norway and Switzerland), Frontex, the USA,
the United Arab Emirates and IATA.
UK-EU: UK government: Agreement
between the Member States of the European Union, meeting within
the Council, regarding the Protection of Classified Information
Exchanged in the Interests of the European Union (pdf)
EU: Council of the European Union:
Standing Committee on operational cooperation on internal security
(COSI):
- EU
Policy Cycle process review: From OCTA to OAP (pdf)
- Strategic
goals related to the EU's priorities for the fight against organised
crime between 2011 and 2013 (pdf)
EU: Council of the European Union:First
consideration of the new Regulation on data protection: Working
Party on Information Exchange and Data Protection (DAPIX): Summary
of discussions (pdf)
EU-HUNGARY: European Commission: Hungary
infringements: Commission takes further legal steps on measures
affecting the judiciary and the independence of the data protection
authority, notes some progress on central bank independence,
but further evidence and clarification needed (Press release, pdf)
UK: First they
came for the asylum seeker ... (IRR News Service, link): "Asylum
seekers were the guinea pigs for all kinds of brutal and unacceptable
policies that are now beginning to be applied more widely."
Updated: EU: Justice and Home Affairs
Council, 8 March 2012: Press
release
(pdf), "B"
Points agenda
(for discussion, pdf), "A"
Points - Legislative (adopted without discussion) and "A"
Points - Non-legislative (adopted without discussion).
See also: Council conclusions regarding guidelines for the strengthening of political governance in the Schengen cooperation (pdf) and: Ministers agree warning mechanism for migration surges (link)
Spain:
Immigration
statistics from the interior ministry
EU: Council of the European Union:
Asylum "solidarity", Joint Customs Operations and
Prum data exchange
- Draft
Council Conclusions on a common framework for genuine and practical
solidarity towards Member States facing particular pressures
on their asylum systems including through mixed migration flows (2.3.12, pdf)
- Joint
Customs Operations (JCO) Recommendation monitoring file (pdf)
- Prum: Decisions"
- overview of documents and procedures - overview of declarations
- state of play of implementation of automated data exchange (pdf)
EU: European Data Protection Supervisor
(EDPS): EDPS
applauds strengthening of the right to data protection in Europe,
but still regrets the lack of comprehensiveness (Press release, pdf)
and Full-text
of Opinion
(pdf). See also: EDPS
webpage on review (link)
On the review of the general 1995 Data Protection Directive: "the EDPS has concerns as regards, among other things: the possibilities for restricting basic principles and rights; the possible derogation for transferring data to third countries; the excessive powers granted to the Commission in the mechanism designed to ensure consistency among supervisory authorities; the new ground for exceptions to the purpose limitation principle."
On the proposed Directive on data protection for the exchange of data by law enforcement agencies the EDPS concludes: "in many aspects the Proposal does not meet the requirement of a consistent and high level of data protection". Peter Hustinx, EDPS, says: "The proposed rules for data protection in the law enforcement area are unacceptably weak. In many instances there is no justification whatsoever for departing from the rules provided in the proposed Regulation. The law enforcement area requires some specific rules, but not a general lowering of the level of data protection."
CEAR
press statement, Friday 16 February 2012: In response to the
UN finding the Spanish State guilty for the death of the Senegalese
Sonko
"CEAR recalls the security
forces' duty to guarantee the security of refugees and to enable
their access to international protection. The victim came from
a region of Senegal that is riven by a serious conflict and could
have requested international protection if the Spanish officers
had respected legal procedures.
29-year-old Laucling Sonko was made to jump into the sea on the night between 25 and 26 September 2007 by Guardia Civil [police force with military status] officers, alongside three other people who were potential asylum and international protection applicants like he was. After they were intercepted by a Guardia Civil patrol boat while they tried to swim into Ceuta [a Spanish enclave in northern Morocco], they were made to board and taken into Moroccan waters, where the officers pierced their lifejackets and made them jump into the sea. Sonko, who did not know how to swim, drowned."
EU: Council of the European Union:
Dublin, Seasonal employment and Visa list
- Dublin: Proposal
for a Regulation establishing the criteria and mechanisms for
determining the Member State responsible for examining an application
for international protection lodged in one of the Member States
by a third-country national or a stateless person (Recast) (pdf). Still 140 reservations
by Member States in developing the Council's position.
- As
above: Presidency proposals (pdf)
- Proposal
for a Directive on the conditions of entry and residence of third-country
nationals for the purposes of seasonal employment (pdf) Still over 100
reservations by Member States in developing the Council's position
- As
above: Presidency proposals (pdf)
- Visa list: Draft
Regulation amending Council Regulation (EC) No 539/2001 listing
the third countries whose nationals must be in possession of
visas when crossing the external borders and those whose nationals
are exempt from that requirement (pdf)
- Visa Working Party: Outcome (pdf), including "Non-Paper"
from the Commission on Definition of short stay Changes required
in the legal acts in the area of visa policy
EU: Council of the European Union:
Council discussions: Amended
proposal for a Regulation on the establishment of an evaluation
and monitoring mechanism to verify the application of the Schengen
acquis - Draft compromise text (See below, pdf)
EU: Council of the European Union:
Common European Asylum Area and Political governance of Schengen
- Common
European Asylum System = State of play (2.3.12, 7010-12. pdf)
- Draft
Council Conclusions regarding guidelines for the strengthening
of political governance in the Schengen cooperation (5.3.12, pdf). The draft
emphasises the point that:
"The Mixed Committee, made up of the EU Member States and the Schengen associated States, should at Ministerial level provide the necessary political guidance for the Schengen area. The agenda and the organisation of its meetings should allow for political discussions focused on key topics related to the correct functioning of the Schengen area, including guidance with regard to the support to be provided by EU agencies, with a view to the Council taking decisions within the scope of its competence to ensure the efficient functioning of the Schengen area." (emphasis in original)
"The "Mixed Committee" is comprised of the 27 EU states plus Norway, Switzerland and Iceland, its decisions are not made in public.
HUNGARY: Norwegian Helsinki Committee
(NHC): Democracy
at stake in Hungary (pdf)
SWITZERLAND: Swiss
Parliament demands information on the use of Staatstrojaner (Unwatched, link, German):
After the discovery in 2011 of the use of Staatstrojaner (computer
spy-mallware) by the Swiss security services, the Swiss parliament
demands to be informed on the details.
UK: London Film Festival: Black
Block
(link): "Through gripping testimony of those who experienced
the raid on the Diaz school at the 2001 Genoa G8 Summit, Black
Block provides a case study of police violence and arbitrary
detention that could happen anywhere."
EU: Updated: Statewatch European Monitoringand Documentation
Centre (SEMDOC) Justice and Home Affairs "e-library"
archive (1976 - 2000): Weekly Highlighted documents: Update including: Interim report
to the Council concerning current discussions on extradition
(1993), Draft Council Recommendation concerning a specimen bilateral
readmission agreement between a Member State of the EU and a
third country (1994) and Cooperation in the area of public order
- Use of liaison officers (Restricted, 1994): Search JHA
archive - EU Justice and Home Affairs documents from 1976 onwards: (currently holds 5,030
documents)
UK: Report: Lifting
the lid on Menwith Hill: The Strategic Roles & Economic Impact
of the US Spy Base in Yorkshire (pdf): "Menwith Hill is just
one of the many US bases in the UK this report demonstrates that
not only is there a real need to discover more about the activities
and impact of these bases on local communities, but they also
present important challenges to the national sovereignty and
inter-national standing of the UK. It seems sensible therefore
that Menwith Hill is held to account."
UK: Police
are linked to blacklist of construction workers - Security services
'gave data to clandestine organisation funded by major names
in building industry' (Observer, link):
"The police or security services supplied information to a blacklist funded by the country's major construction firms that has kept thousands of people out of work over the past three decades. The Information Commissioner's Office (ICO) has revealed that records that could only have come from the police or MI5 have been discovered in a vast database of files held on 3,200 victims who were deemed leftwing or troublesome. The files were collected by the Consulting Association [formerly the Economic League), a clandestine organisation funded by major names in the construction industry."
FRONTEX: The
reinforcement of Frontex and the intensification of cooperation
with third countries
Amendments to Regulation 2004/2007 reinforcing the powers and widening the mandate of the European Agency for the Management of External Borders entered into force in January 2012.[1] Some of the amendments broaden the Agency's mandate when dealing with third countries. These developments of the Agency's external relations reflect the ambitions of Frontex, and reinforce concerns regarding its impact on human rights and civil liberties.
EU-USA: European Parliament questions
on: US
access to PNR data in Computer Reservation System Amadeus (pdf): Eight questions:
"Computer Reservation System Amadeus has its headquarters
in Madrid (Spain) and its central database in Erding (Germany).
Additionally, it has several offices outside the EU, including
an office in Miami, in US jurisdiction. All Amadeus offices around
the world have access to the PNR data base in Erding."
and five questions: US access to PNR data in Computer Reservation System Amadeus II (pdf): "Computer Reservation System Amadeus has its headquarters in Madrid (Spain) and its central database in Erding (Germany). Additionally, it has several offices outside the EU, including an office in Miami, in US jurisdiction. All Amadeus offices around the world have access to the PNR data base in Erding."
EU: FISCAL TREATY: Corporate Observatory
Europe (COE): Automatic
Austerity: 10 things you need to know about the Fiscal Compact (pdf)
EU-ACTA: EU parliament
joins commission on Acta court probe (euobserver, link): "The debate
on the controversial anti-counterfeit treaty, Acta has moved
to the European Parliament, with MEPs set to pose their own questions
to the Luxembourg-based European Court of Justice."
EU-SCHENGEN: European Data Protection
Supervisor (EDPS): Speech at: Conference "Upholding Freedom
of Movement: an Improved Schengen Governance" European Parliament,
Brussels, 8 February 2012: "Data
Protection and Schengen Governance" Peter Hustinx, European
Data Protection Supervisor (pdf)
EU: EUROPEAN INVESTIGATION ORDER(EIO):
Council of the European Union: State of play in agreeing its
negotiating position: Initiative
of Belgium, Bulgaria, Estonia, Spain, Austria, Slovenia and Sweden
for a Directive of the European Parliament and of the Council
regarding the European Investigation Order in criminal matters
- Preamble, forms and annex related to Article 29.1 (pdf) Note even here
there are still 95 Member State reservations.
MIGREUROP ANNUAL REPORT: At
the margins of Europe: the externalisation of migration controls (116 pages, pdf):
"Beyond the contradictions of an international coalition that was meant to guarantee the "responsibility to protect", it is the overall European immigration and border control policy that has to be put to question. Since the early 2000s, north African countries have accepted the role as Europes border guards, chasing and detaining people who wanted to exercise their right to emigrate9 . Current historical events in the Arab world must be the opportunity to reconsider relations between the northern and southern Mediterranean and to break away from the liberty-stifling heritage of the EUs dictator-partners to put an end to the bloodshed at its borders."
Transnational Institute (TNI) - Statewatch: Counter-terrorism,
'policy laundering' and the FATF - legalising surveillance, regulating
civil society
(Press release, pdf): A new report published on 2 March
by the Transnational Institute and Statewatch:
"Counter-terrorism, 'policy laundering' and the FATF
- legalising surveillance, regulating civil society" by
Ben Hayes examines the global framework for countering-terrorist
financing developed by the Financial Action Task Force (FATF)
and other international law enforcement bodies. The 68-page report
includes a thorough examination of the impact of FATF's 'Special
Recommendation VIII' on countering the threat of terrorist financing
said to be posed by non-profit organisations (NPOs):
"How international rules on countering terrorist-financing are undermining freedom of association: an analysis of the impact of FATF 'Special Recommendation VIII' on non-profit organisations":
- Executive
Summary
(pdf)
- Full
text of report (pdf)
ECJ: ACCESS TO EU DOCUMENTS REGULATION:
Opinion
of Advocate General Cruz VILLALÓN delivered on 1 March
2012 Case C-135/11 P IFAW Internationaler Tierschutz-Fonds gGmbH (pdf): "Right
of access to documents of the institutions - Documents originating
from a Member State - Objection of the Member State to disclosure
of the documents - Scope of the institutions review of the reasons
for the Member States objection" and "I propose
that the Court should: Allow the appeal in part by upholding
the second part of the second ground of appeal, alleging misinterpretation
of Article 4(5) of Regulation (EC) No 1049/2001."
COE-UK: The
United Kingdom should ensure adequate housing for Gypsies and
Travellers*
(Press release, pdf):
The rights of Gypsies and Travellers to adequate housing are undermined throughout the United Kingdom. The authorities must uphold this right, which is a pre-condition for the enjoyment of other human rights, including the rights to education and health stated Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, while releasing a letter addressed to the Secretary of State for Communities and Local Government in the United Kingdom, the Rt Hon Eric Pickles.".
February 2012
CoE: Hammarberg publishes 47 country report on Roma and Travellers (link)
EU: FRONTEX: Israel
Aerospace Industries' Heron Unmanned Aerial System was demonstrated
to Frontex EU Agency (link)
EU: Article 29 Working Party on Data
Protection: Working
Document 01/2012 on epSOS (pdf): "EpSOS is a pilot that
offers cross-border e-Health Services to European citizens. It
focuses on developing a practical e-Health framework and ICT
(information and communication technology) infrastructure that
enables access to patient health information from different European
healthcare systems."
EU: Meijers Committee: Standing committee
of experts on international immigration, refugee and criminal
law: Reply
to the Green Paper on the right to family reunification of third-country
nationals living in the European Union (pdf): "the Meijers Committee
proposes not to revise Directive 2003/86/EC on the right to family
reunification on short notice. Instead, it urges the Commission
to closely supervise the implementation and application of the
Directive in the Member States and to start infringement procedures
in case of incomplete or incorrect implementation or application."
EU: Statewatch Analysis: The
Revised Directive on Asylum-seekers Reception Conditions: How
much lower can the Member States go? (pdf) by Steve Peers, Professor of Law,
University of Essex:
"If the Council does accept this compromise, it will remain to be seen whether the European Parliament will consider it acceptable to have a deal at any cost, or whether it will take the opportunity to press for much needed improvements concerning issues such as access to benefits without documentation, detention conditions, grounds for and time limits for detention, legal aid, subsistence and health care, and vulnerable asylumseekers."
ITALY: Returning
migrants to Libya without examining their case exposed them to
a risk of ill-treatment and amounted to a collective expulsion (pdf) and Judgment:
full-text
(link) The European Court of Human Rights has found italy guilty
of a series of violations in its collective refoulements of migrants
to libya in 2009 - The case concerned Somalian and Eritrean migrants
travelling from Libya who had been intercepted at sea by the
Italian authorities and sent back to Libya. Press statement by
Green/EFA Group in the European Parliament: Court
ruling on odious Italy-Libya deal has clear implications for
EU migration and border policies (link)
EU-USA PNR AGREEMENT: European Parliament: Draft report: Calls
for the parliament to withhold its consent:
- DRAFT RECOMMENDATION: on the draft Council decision on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security Rapporteur: Sophia in 't Veld (pdf), Rapporteur: Sohie in `t Veld
See also Statewatch
Observatory: Observatory
on the exchange of data on passengers (PNR) with USA (2003 -
ongoing)
EU-ACTA: ECJ
to rule on anti-piracy agreement (european voice, link) and Commission
seeks legal clarification on controversial anti-piracy treaty (euobserver, link). See: Commission
statement on its referral of ACTA to the ECJ (pdf)
EU: Revising
the Access to documents Regulation saga - The beginning of the
endgame
- "Now is not the
time to compromise on transparency"
(Michael Cashman MEP)
- Danish Council Presidency invokes "the space to think"
- Council and Commission question the definition of a "document"
- Council seeks to restrict access to legislative documents
- "The outcome of the process which is now being embarked
on will determine the future of democratic accountability on
the EU" (Tony
Bunyan, Statewatch Director)
CANADA: Taking
Liberties: Canadas Booming Business of Detention and Deportation (link)
Mediterranean
takes record as most deadly stretch of water for refugees and
migrants in 2011
(UNHCR, link)
NETHERLANDS-COE: Secretary
General calls on Dutch government to respond to concerns about
problematic website (pdf)
UK: Theresa
May to split up UK Border Agency (BBC News, link): "Home Secretary
Theresa May has said the UK Border Agency will be split in two
following revelations that hundreds of thousands of people were
let into the country without appropriate checks. She told MPs
the UK Border Force would become a separate law-enforcement body.."
See: Home Office statement (pdf) and Vine report: An investigation into border security checks (pdf)
EU
border agency Frontex will sign a Cooperation Agreement with
the Armenian Government (Public Radio, link)
EU: MULTIPLE BIOMETRICS REQUIRED: HEAD OF EU LARGE-SCALE
IT AGENCY: "We believe that in an ideal world, you
have to take 13": (all ten fingers, both
eyes and the face): EU
official says identity management must be based on multiple biometrics (Fierce Government,
link):
"Identity management in the European Union must be based on the collection of biometric information from individuals, said Frank Paul, head of unit for large scale IT systems and biometrics within the European Commission's directorate general of home affairs. We also believe that in an ideal world, you have to take 13," he added, referring to data collections of 10 fingerprints, two iris scans and one facial image. Paul spoke Feb. 1 during a panel of an identity management conference hosted by the Center for Strategic and International Studies in Washington, D.C.
ECRI reports: Europes
hardening attitudes towards Muslims, migrants and Roma (link)
EU-USA: US
lobbying waters down EU data protection reform (euractiv, link): "The
reform of EU data protection rules is of particular interest
to countries like the United States, whose companies may have
to abide by stricter provisions to do business in Europe. But
intense lobbying from the United States has in part watered down
the draft legislation.
EU-USA:DATA PROTECTION AGREEMENT: PROTECTING THE
RIGHTS OF EU CITIZENS? Council of the European Union: EU-US
data protection negotiations during 2011 (pdf):
"the US side has a mandate for an Executive agreement that does not change existing US law, nor create any new rights"
"The US has rejected the idea to apply the agreement also to data transferred from private parties in the EU to private parties in the US and subsequently processed for law enforcement purposes by US competent authorities."
"a non-discrimination clause, i.e. the application of data protection principles to all data subjects regardless of nationality and place of residence, was discussed. The US is cautious on this as it is linked to the personal scope of protection under the Privacy Act, which is limited to US citizens and permanent residents."
"The US side however acknowledged that no judicial redress is available to non-US individuals who seek correction of their data without having suffered harm. Further discussion is needed."
"data retention, the US side appears to oppose a general obligation enshrined in this agreement to define appropriate retention periods whenever data sharing is agreed (specific agreements, unilateral condition by sending authority), arguing that such limits should be determined by the recipient party's domestic law."
"On purpose limitation (and further use of data), the US envisages to specify the purpose of data processing and further use in the "umbrella" agreement itself and to conceive it widely. This would result that in principle all data could be used for prevention, detection, suppression, investigation or prosecution of criminal offences, protection of public security, for directly related non-criminal and administrative proceedings, or for any other purpose if prior consent is given by the sending authority."
See Statewatch's Observatory on: EU-USA general agreement on data protection and the exchange of personal data
EU: EUROPOL: No
to computer-aided profiling and search from Europol! (pdf):
"The Europol police agency analyses records using data mining processes. The European Commission must prove that this does not constitute computer-aided profiling and search, Cornelia Ernst, Member of the European Parliament, and Andrej Hunko, Member of the German Bundestag, said in a statement in reaction to the European Commissions reply to their question on this subject."
EU: Council of the European Union:
Draft
Council Conclusions regarding the establishment of a procedure
for the strengthening of political governance in the Schengen
cooperation
(pdf): "The Mixed Committee, made up of the EU Member
States and the Schengen associated
States, should provide the necessary political guidance for the
Schengen area."The "Mixed Committee" is comprised
of the 27 EU states plus Norway, Switzerland and Iceland, its
decisions are not made in public.
EU: European Parliament: Hungary
should respect the EU's basic values, say MEPs (Press release, pdf):
"Parliament will draw up a report on whether EU laws and values are respected in Hungary, it decided on Thursday. Further to this report, it will then decide whether to activate EU Treaty Article 7, which is used to investigate a clear risk of a serious breach of EU common values. Its resolution also calls on the European Commission to monitor closely the changes to some of Hungary's laws and how it puts them into practice."
EU: Commission downplays
Parliament EU-US data privacy concerns (euobserver, link)
UK: "Convergence"
in London: No Borders conference, arrests of activists and collective
deportation
The weekly No Borders "Convergence" at Goldsmiths College
in London could not be more time-sensitive: a report on unsafe
return from the UK to Congo has just been released, and a collective
expulsion to Ghana was carried out on 15 February 2012. Some
of the No Borders activists who were trying to stop the deportation
have been arrested and await trial planned on 8th March 2012.
EU: THE FUTURE FOR DRIVING LICENCES?
European Data Protection Supervisor (EDPS): Merging
professional drivers' driving licence with their driver card
is not fully in line with data protection principles (Press release, pdf)
and Full-text
of EDPS Opinion (pdf):
"Giovanni
Buttarelli, Assistant EDPS, states: "We seriously doubt
about the necessity and the proportionality of such a measure,
which has yet to be demonstrated. A consistent approach is needed
from the legislator to ensure that the development of any measures
concerning drivers data is done in full respect of data protection
principles". "He further recommends to:
- evaluate the impact of the use of a microchip in the
driving licences - ensure that the overall design of the processing
is privacy friendly and proportionate to the purposes pursued
- specify the data or categories of data to be stored in the
microchip, in compliance with the principles of proportionality
and data minimisation - provide sufficient guarantees for the
effective exercise of data subjects' rights - ensure a strict
limitation of access rights in view of the legitimate purposes
for which relevant authorities and any other recipients would
need to access the data."
UK: Crown Prosecution Service: Hate
crime and crimes against older people report (pdf) and see: Racist
Britain' fears fuelled as hate crime prosecutions rise - Hate
crime prosecutions have risen ten per cent sparking fears that
discrimination is increasing in Britain (Metro, link)
EU: European Parliament and the Council
of the European Union deal on access to classified information:
Draft
Interinstitutional Agreement between the European Parliament
and the Council concerning the forwarding to and handling by
the European Parliament of classified information held by the
Council on matters other than those in the area of the Common
Foreign and Security Policy (pdf). This is the final deal awaiting
the parliament's formal agreement. The deal covers not just TOP
SECRET, SECRET and CONFIDENTIAL DOCUMENTS but also RESTRICTED
documents the definition of which is defined as:
"This marking is applied to information and material the unauthorised disclosure of which could be disadvantageous to the interests of the European Union or of one or more of the Member States." (emphasis added). There is always the temptation open to officials to push a "LIMITE" document, which is not a classified document, up to the "RESTRICTED" level to deny access as this could be "disadvantageous" and lead to a public debate.
The deal also gives EU agencies, like FRONTEX, the same powers as Member States to veto access being given to their documents. Access will require "the prior written consent of the originator" - such a power should not be available to agencies.
Overall the deal would allow "security-cleared" MEPs to have access to classified documents but they would not be able to make copies or take notes: infotmastion from the documents cannot "be disclosed to persons other than those to whom access has been granted". MEPs would have to make a "solemn declaration of non-disclosure".
ECJ: European Court of Justice: The
owner of an online social network cannot be obliged to install
a general filtering system, covering all its users, in order
to prevent the unlawful use of musical and audio-visual work (Press release, pdf)
and Judgment
- full-text
(pdf):
"Such an obligation would not be respecting the prohibition to impose on that provider a general obligation to monitor nor the requirement that a fair balance be struck between the protection of copyright, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other."
And see: EU
court rules social networks cannot police downloads (euobserver, link)
EU: Council of the European Union: Security
of information agreement between the EU and NATO - Exchange of
notes verbales between the General Secretariat of the Council
and NATO
(pdf) This exchange of letters confirms the continuing cooperation
on the exchange of classified information between the EU and
NATO. It sets out that the agreement also extends to the European
External Action Service (EEAS), created under the Lisbon Treaty,
and to the following bodies - Crisis management and planning
directorate (CMPD), the Civilian planning and conduct capability
(CPCC), EU Situation Centre (SITCEN) and the EU Military Staff
(EUMS) - now part of the EEAS and which were formerly part of
the General Secretariat of the Council.
ECJ-ACCESS TO DOCUMENTS: Judgment (pdf). The case concerned
the Federal Republic of Germany telling the the Commission that
it objected to access being granted to documents concerning infringement
procedures.The Commission granted access to the documents and
Germany took this case to the European Court of Justice. Sweden,
Denmark and Finland supported the Commission position. "The
principal submission made by the Federal Republic of Germany
is in essence that, by failing to respect the objection of that
Member State to disclosure of the documents at issue, the Commission
exceeded its powers of review." The Court found in favour
of the Commission.
EU-BULGARIA: European Commission:
INTERIM
REPORT: On Progress in Bulgaria under the Co-operation and Verification
Mechanism
(pdf) Covering: judiciary, organised crime and corruption.
European Parliament: Draft
Report: on the proposal for a directive of the European Parliament
and of the Council on the right of access to a lawyer in criminal
proceedings and on the right to communicate upon arrest (7.2.12, pdf)
EU-EUROSUR: European Commission: Proposal
for a Regulation Establishing the European Border Surveillance
System (EUROSUR) (pdf), Impact
Assessment accompanying the Proposal for a Regulation establishing
the European Border Surveillance System (EUROSUR) (SEC 1536, pdf) and
Annex
to previous document (SEC 1538, pdf)
UK: How
secret renditions shed light on MI6's licence to kill and torture
- Little-known clause lets secretary of state authorise UK's
spies to commit crimes abroad (Guardian, link) See Section
7 of the Intelligence Services Act 1994 (link)
EU: Council of the European Union:
- Outcome
of the JHA Heads of Agencies Meeting on 24 November 2011 (pdf): The proposals
for Justice and Home Affairs activities for 2012-2013 include
six areas where cooperation between agencies could be "further
enhanced" including: "the exchange of personal
data amongst the agencies" The "Agencies"
at this meeting were: Europol, CEPOL, Frontex, FRA, European
Commission DG Justice and DG Home Affairs, OLAF, EMCDDA, Sitcen,
GCS (General Secretariat of the Council). The Commission has
just proposed a new Directive on the exchange of personal data
by law enforcement agencies but not all of the above agencies
are "law enforcement agencies" - there is clearly
a need for an additional new Directive to cover their activities
in exchanging personal data.
- Lessons
and best practices for CSDP from the European Union Police Force
Training (EUPFT) 2008-2010 (28 pages, pdf): This is a report from
the European External Action Service (EEAS) to the Political
and Security Committee (PSC) seeking on influence police training
in the EU according to the needs of the "external dimension".
- Scorecard
Implementation of the JHA Agencies report (pdf)
European Parliament Studies: EMN
Synthesis Report: Satisfying labour demand through migration (pdf) and Does
it help or hinder? Promotion of Innovation on the Internet and
Citizens Right to Privacy (pdf) by RAND (Europe)
EU: European Data Protection Supervisor
(EDPS): Review
of EU financial markets legislation has a significant impact
on data protection (Press release, pdf). See also: Associated
Opinions
(link)
EU-USA: CUSTOMS: European Data Protection
Supervisor (EDPS): Opinion: Proposal
for a Council decision on a Union position within the EU-US Joint
Customs Cooperation Committee regarding mutual recognition of
the Authorised Economic Operator Programme of the European Union
and the Customs-Trade Partnership Against Terrorism Program of
the United States (pdf)
ECJ: The European Parliament is taking
the Council of the European Union to the European Court of Justice:
Action
brought on 21 December 2011 European Parliament v Council of
the European Union (pdf). To: "annul Council Decision 2011/640/CFSP
of 12 July 2011 on the signing and conclusion
of the Agreement between the European Union and the Republic
of Mauritius on the conditions of transfer of suspected pirates
and associated seized property from the European Union-led naval
force to the Republic of Mauritius and on the conditions of suspected
pirates after transfer."
EU: European Data Protection Supervisor
(EDPS): EDPS
outlines lack of compliance of several EU institutions and bodies
with Video-Surveillance Guidelines (Press release, pdf) and Follow-up
Report to the 2010 EDPS Video-Surveillance Guidelines (pdf): "the
EDPS is disappointed to see that the implementation of the Guidelines
has been put on hold or significantly delayed in several institutions."
UK: EU-USA PNR AGREEMENT: UK
opt-in Letter
(pdf)
ECHR: First-time
asylum seeker was not given effective remedy under fast-track
procedure for examination of his case (Press release, pdf):
"A violation of Article 13 (right to an effective remedy)
taken together with Article 3 (prohibition of inhuman or degrading
treatment) of the European Convention on Human Rights The case
concerned the risks the applicant would face in the event of
his deportation to Sudan and the effectiveness of the remedies
available to him in France in view of the fact that his asylum
application was dealt with under the fast-track procedure."
EU: The Standing Committee of experts
on international immigration, refugee and criminal law (Meijers
Committee): Note
on the coordination of the relationship between the Entry Ban
and the SIS- alert: an urgent need for legislative measures (pdf): "The
Meijers Committee would like to draw your attention to a serious
legislative deficiency in present secondary EU law as it fails
coordinating the relationship between the entry ban in the Returns
Directive (2008/115/EC) and the SIS alert in the SIS II Regulation
(EC) 1987/2006."
NEW:
Statewatch
launches online historical archive of EU Justice and Home Affairs
documents
(Press
release, pdf): Statewatch launches a unique online archive
of over 4,500 official documents (rising to over 6,500 by the
end of 2012) that chart the development of EU justice and home
affairs
policy over three decades. The documents cover the period 1976
to 2000, providing a historical record of the development of
EU police and security cooperation leading up to and including
the Maastricht period of European integration. The collection
is unique because the EUs own public registers of documents were
launched after 2000 and include very little historical matter.
Link to: JHA
archive - EU Justice and Home Affairs documents from 1971 onwards The site also includes:
List
of keywords
and Highlighted
documents recently added to the archive database
Tony Bunyan,
Statewatch Director, comments:
The only way that external observers can really understand
whats happening in the EU is to read the documents it produces
and then put those documents in an historical context. It is
only once you have this full picture that you can grasp the significance
of whats being proposed or implemented.
This collection provides a valuable resource for academics, journalists, students and citizens trying to understand the historical development of EU policy and governance. It also shines a light on a crucial period when the EU was even less open and transparent; the period that paved the way for the Europe-wide incursion into civil liberties that we have witnessed over the past decade.
EU: ACCESS TO DOCUMENTS REGULATION:
Secretive
talks on access rules (Wobbing.eu, link): "Nicolai Wammen, minister
of European affairs (Social Democrat) explains in a diplomatic
language: Negotiations will be very difficult. There are very
different positions in this case, both within the Council and
the Parliament. As I see it the only way forward is to show a
pragmatic and realistic approach. We are no having talks with
all actors and we encourage forcefully to show flexibility and
a will to compromise. This might look lika an undramatic mumbo-jumbo
talk. But the statement confirms that the presidency have had
bilateral talks with all member states even before the formal
discussions in the Council has begun.
Spying
on Europes farms with satellites and drones (BBC News, link): "Ben
Hayes of the campaign group Statewatch worries that Europe is
rushing into the use of drones without sufficient public discussion.
"We would accept the argument that there are lots of things
they can be useful for, but ... the questions about what is acceptable
and how people feel about drones hovering over their farmland
or their demonstration - these debates are not taking place,"
EU-GREECE: Greeks
build fence to ward off asylum seekers (euobserver, link): "European
Commission on Tuesday (7 February) said the fence is a national
issue. But it also poured scorn on the project. "Fences
and walls are short-term solutions to measures that do not solve
the problem. The EU is not and will not co-finance this fence
... It is pointless," a spokesman for home affairs commissioner
Cecilia Malmstrom told press in Brussels"
France: Convictions
stand, shorter sentences on appeal for Vincennes detention centre
fire
On 13 January 2012 in the Paris
appeal court, the presiding judge in the appeal involving six
of the ten detainees in the Vincennes detention centre (CRA,
centre de rétention administrative) who were convicted
on 17 March 2010 in connection with a fire that burned down the
CRA on 22 June 2008 read the ruling that upheld their convictions
and shortened the sentences they were set to serve by six months.
After the verdict all those attending a demonstration were "kettled".
UPDATED: EU-ACTA: Czech
Republic stops ratification of anti-counterfeit treaty (euobserver, link):
" The Czech Republic has stopped ratification of the
controversial anti-counterfeiting trade agreement (Acta), becoming
the second EU country to do so after Poland." and see
Czech DAta Protection Office: ACTA
challenges individual rights - Czech personal data office (link)
EU-USA DATA PROTECTION: A simple guide:
Data
Protection in a Transatlantic Perspective (pdf) Douwe Korff, Professor
of International Law,
London Metropolitan University
EU-ACTA: Maladministration
complaint against the European Parliament (FFII, link): "I
just filed a maladministration complaint with the Ombudsman against
the European Parliament for systematically lying about the existence
of documents"
EU: COMMISSION: INTELLECTUAL PROPERTY: Proposal
for a revision of the Directive on the enforcement of intellectual
property rights (Directive 2004/48/EC) (pdf): "policy
options, the Commission is looking into detailing the rules on
disclosure of information, defining "commercial scale"
and the possibility to "act" against webpages, however
without mentioning concrete proposals."
UPDATED: UK: PUBLIC ORDER: Association of Chief Police Officers,
Association of Chief Police Officers in Scotland and National
Policing Improvement Agency: Manual
of Guidance on keeping the peace (pdf), see also: 2004-ACPO
MAnual of Guidance-Public Order: Standards, Tactics, Training (Restricted version,
link, pdf) and Ministry of Justice: Prisons: Use
of force training manual (pdf)
UK: House of Commons Select Committee
on Home Affairs: Report: Roots
of violent radicalisation (report, formal minutes, oral and written
evidence)
(link, pdf) and Roots
of violent radicalisation (additional written evidence) (link, pdf)
UK: COVERT SURVEILLANCE: Her Majesty's Inspector
of Constabulary: Report: A
review of national police units which provide intelligence on
criminality associated with protest (pdf) See also: Police
spies: watchdog calls for safeguards over 'intrusive tactic'
- Inspector criticises 'intrusion' into activists' lives by undercover
officer Mark Kennedy (Guardian, link): "A clandestine operation
that secretly deployed police spies in political groups for 40
years is severely criticised today by the official policing inspectorate"
but says it should carry on.
Police
frequently uses Silent SMS to locate suspects (EDRI, link). See also:
Surveillance
Getting the Message? Police Track Phones with Silent SMS (OWNI.EU, link)
GERMANY: Parliamentary
scrutiny unveils undercover "secret police networks"
After the revelation in 2010 of
the existence of a European Cooperation Group on Undercover Activities
(ECG), a parliamentary request to the German government on 25
January 2012 has exposed the existence of an International Working
Group on Police Undercover Activities (IWG). The group has been
active since at least 2007.
CANADA: Saying
No to CSIS: Dozens of groups launch campaign to not co-operate
with Canadian spy agency (The Dominion, link)
UPDATE: Council of the European Union:
Proposal
for a Directive on the conditions of entry and residence of third-country
nationals for the purposes of seasonal employment
(pdf):
Council Presidency proposals, 1 February 2012. See also below
EU: Council of the European Union:
State of Play: Reception conditions, Seasonal workers and
Schengen Border Code amendments:
- Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (Recast) (pdf): Still over 120 Member State reservations/objections
- As above: earlier Presidency proposals (pdf)
- Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment (pdf): Still over 110 Member State reservations/objections
- As above: earlier Presidency proposals (pdf)
Italy: Rome
city council warns evicted gypsies/Roma: "Accept relocation
or we may have to take your children"
Journalist Paolo Brogi posted a
document on his blog on 29 November 2011 that is indicative of
how activities are being enacted in Rome in the framework of
the Roma "emergency", which has included large-scale
evictions and relocation in isolated settlements that are distant
from the city centre.
EU-USA-PNR: Draft report to the European
Parliament's Civil Liberties Committee (LIBE): Draft
report
(pdf) and Comparative
chart of the key provisions in the 2004, 2007 and 2011 agreements (pdf): The EU US PNR
Agreement Draft report will be presented in the LIBE Committee
meeting of 27 February 2012 by rapporteur Sophie In 't Veld MEP
who will recommend the European Parliament to withhold its consent.
And see: Official
Assails Sharing of Passenger Data (New York Times, link)
See also Statewatch's: Observatory on the exchange of data on passengers (PNR) with USA
EU: READMISSION AGREEMENTS: Council of the European
Union: Operationalising
the Council Conclusions of 9 10 June 2011 defining the European
Union Strategy on Readmission (pdf). The Council is aiming for: "a
coherent return policy which should be embedded in the overall
external relations policy of the European Union" which
will lead to: "new, more efficient and flexible standard
negotiation directives for the conclusion of readmission agreements
between the Union and third countries."
The EU faces two problems: the "lack of real political will" on the part of third countries and "so-called"third country clauses"" (concerning the state in question being only a country of transit). Based on the Council Conclusions the Council Presidency is proposing that readmission agreements should be "linked" to agreements in "other policy areas" and the conclusion of these agreement should be: "made conditional on the willingness of the third country to also conclude a readmission agreement with the European Union and might in this way serve as a powerful incentive.." In the past the Council Council has used the "carrot and stick" approach, now it seems to be heading for using the "stick".
All readmission agreements have to ensure fundamental rights and human rights standards regarding returned people, however, this documents admits what many have long known namely that: "Currently there is no assessment of whether provisions on the monitoring of the human rights situation of readmitted persons can be implemented in practice"
UNHCR: Deaths in the Mediterranean:
Mediterranean
takes record as most deadly stretch of water for refugees and
migrants in 2011 (pdf)
January 2012
EU FISCAL TREATY: Version
6 - Final
(31.1.12, pdf) Version
5
(27.1.12, pdf)
EU Commission propaganda
on ACTA
(FFII ACTA blog, link)
EU-HUNGARY: The
decline of democracy, the rise of dictatorship (Hungarian Spectrum,
link): "The undersigned, participants of the erstwhile
human rights and democracy movement that opposed the one-party
communist regime in the 1970s and 1980s, believe that the Hungarian
society is not only the victim of the current economic crisis,
but also the victim of its own government. The present government
has snatched the democratic political tools from the hands of
those who could use these tools to ameliorate their predicament.
While chanting empty patriotic slogans, the government behaves
in a most unpatriotic way by reducing its citizens to inactivity
and impotence."
EU: DATA PROTECTION: EDPS
general survey shows that EU institutions and bodies have different
levels of data protection compliance (Press release, pdf) and Survey
results
(pdf):
"Peter Hustinx, EDPS, states: "I am concerned that
not all EU institutions and bodies are performing as well as
they should. Implementation of data protection principles is
not only a matter of time and resources, but also of organisational
will. Ensuring compliance is a process that requires the commitment
and support of the hierarchy in all institutions and bodies."
EU: Council of the European Union:
Informal Justice and Home Affairs Council, Copenhagen: Press
release
(pdf). See discussion papers below.
UK
riots: paratroopers are trained in riot control (Daily Telegraph, link)
British troops are being trained in riot control tactics amid
fears that violence and looting will return to Britain's streets
this summer.
ACTA-EP: European
Parliament rapporteur quits in Acta protest (BBC News, link): "Negotiations
over a controversial anti-piracy agreement have been described
as a "masquerade" by a key Euro MP. Kader Arif, the
European Parliament's rapporteur for the Anti-Counterfeiting
Trade Agreement (Acta), resigned over the issue on Friday. He
said he had witnessed "never-before-seen manoeuvres"
by officials preparing the treaty. On Thursday, 22 EU member
states including the UK signed the agreement. The treaty still
needs to be ratified by the European Parliament before it can
be enacted. A debate is scheduled to take place in June.
ACTA: EU countries sign unpopular
anti-counterfeit treaty (euobserver, link)
ACTA PROTEST: Thousands
march in Poland over Acta internet treaty (BBC News, link) "Thousands
of protesters have taken to Poland's streets over the signing
of an international treaty activists say amounts to internet
censorship." and Poland:
Netizens Protest Government's Plan to Sign ACTA Next Week (Global Voices, link).
See also:
If You Thought SOPA Was Bad, Just Wait Until You Meet ACTA (Forbes link with videos)
EU: Informal Justice and Home Affairs
Council 26-27 January, Copenhagen: Discussion papers:
No 3: Financing of PNR-systems (pdf)
No 4: Brussels I-Regulation: Access to Union courts in civil cases with third country defendants (pdf)
No 5: Criminal sanctions and the proposal for a directive on insider dealing and market manipulation (pdf)
No 6: Transfer of sentenced persons and social rehabilitation (pdf)
UK: Home Affairs Select Committee
report: Rules
governing enforced removals from the UK (pdf) See also:
Dangerous deportation techniques may still be in use, MPs warn
- Home affairs select committee finds evidence of dangerous restraint
techniques, although UK Border Agency denies claim (Guardian, link)
EU: DATA PROTECTION BODIES CRITICISE COMMISSION LAW ENFORCEMENT
PROPOSALS: European Data Protection Supervisor (EDPS):
Press release
(pdf) welcomes the General Data protection proposals but says
of proposed Directive on the exchange of personal data by law
enforcement agencies:
"the EDPS strongly regrets the inadequate content of the specific Directive on data protection in the area of police and justice. Peter Hustinx states: The Commission has not lived up to its promises to ensure a robust system for police and justice. These are areas where the use of personal information inevitably has an enormous impact on the lives of private individuals. It is difficult to understand why the Commission has excluded this area from what it intended to do, namely proposing a comprehensive legislative framework. and:
"The EDPS regrets in particular that: the Commission does not propose stricter rules for the transfer of personal data outside the EU, data protection authorities are not given mandatory powers to effectively control the processing of personal data in this area and the possibilities for the police to access data processed in the private sector are not regulated."
The Article 29 Working Party on data protection (national data protection bodies) takes a similar view: Press release (pdf): "Chairman Kohnstamm however regrets the Commissions level of ambition in the area of police and justice and underlines the need for stronger provisions in this field."
EU: NEW DATA PROTECTION PROPOSALS: European Commission:
- Communication:
Safeguarding Privacy in a Connected World A European Data Protection
Framework for the 21st Century (pdf)
- General Regulation replacing 1995 Directive: Proposal
for a Regulation on the protection of individuals with regard
to the processing of personal data and on the free movement of
such data (General Data Protection Regulation) (pdf)
- New Directive
on the exchange of personal data by law enforcement agencies:
Proposal
for a Directive on the protection of individuals with regard
to the processing of personal data by competent authorities for
the purposes of prevention, investigation, detection or prosecution
of criminal offences or the execution of criminal penalties,
and the free movement of such data (pdf)
- Report on infamous 2008 law enforcement Directive: Report
from the Commission: based on Article 29 (2) of the Council Framework
Decision of 27 November 2008 on the protection of personal data
processed in the framework of police and judicial cooperation
in criminal matters (pdf). See: Statewatch: Observatory
on data protection in police and judicial matters (2005-2008)
and 2011 ongoing
- Impact Assessment for both proposals: Commission
Staff Working Paper: Impact Assessment: Accompanying the document
Regulation on the protection of individuals with regard to the
processing of personal data and on the free movement of such
data (General Data Protection Regulation) and Directive of the
European Parliament and of the Council on the protection of individuals
with regard to the processing of personal data by competent authorities
for the purposes of prevention, investigation, detection or prosecution
of criminal offences or the execution of criminal penalties,
and the free movement of such data (pdf)
- Annex to IA for both proposals: Annex (128 pages, pdf)
EU-GREECE: LOST
AT BORDER A journey to the lost and the dead of the Greek borders and see: Full
report
(pdf)
EU
pushes ahead with plans for greater law enforcement data access
At the meeting of the Working Party on Information Exchange and
Data Protection on 11th January, a document from Europol outlining
a "high level solution definition" for the Information
Exchange Platform for Law Enforcement Agencies (IXP) was approved.
This permits further work to be undertaken on the IXP, prior
to its implementation in three phases, which will see progressively
greater access to (and convergence and harmonisation of) law
enforcement databases and computer systems across the EU.
EU: European Digital Rights (EDRI):
EU
SURVEILLANCE: A summary of current EU surveillance and security
measures
(pdf). Excellent briefing.
EU: FRONTEX: Programme
of Work 2012
(pdf)
EU: European Parliament: Minutes:
Delegation of 24 November 2011, 25 November 2011 and 26 November
2011 Sicily, Italy (pdf), being discussed at the Civil Liberties
Committee (LIBE) on 25 January 2012.
EU: Eurospooks
flourish as Euro flounders - UK may shun monetary cooperation
but eager to promote security and intelligence links
(Guardian's Defence
and Security blog, link) Article by Richard Norton-Taylor:
"Deep in the European undergrowth, Britain is engaged in discussions on a wide range of security issues with a potentially huge impact on civil rights and individual liberties. Measures designed to combat terrorism, crime, and protect the EU from "natural and man-made disasters", even "traffic accidents", are featured on the agendas of a myriad of committees of unaccountable officials.
Their work is revealed in a series of classified EU documents, littered with acronyms, reflecting the large number of proposals designed to strengthen links between the national security and intelligence agencies of EU member states."
The article cites the following documents: Draft working method for closer cooperation and coordination in the field of EU security (pdf) and Strengthening ties between CSDP and FSJ - Elements of a draft Road Map (from the European External Action Service, pdf)
UK-EU: Statewatch Analysis: The
Mother of all Opt-outs? The UKs possible opt-out from prior third
pillar measures in June 2014 (pdf) by Steve Peers, Professor of Law,
University of Essex:
"The Treaty of Lisbon offers the possibility that the UK can decide, as of 1 June 2014, to opt-out of all EU policing and criminal law measures adopted before the Treaty of Lisbon. Since this possibility is attracting discussion as the deadline date comes closer, this analysis looks in detail at the legal framework and practical implications of any UK decision to adopt such an opt-out....
the main practical impact of the block opt-out would be to end the UK's access to policing databases and other forms of exchange of police information, and to terminate the UK's involvement in some aspects of criminal law judicial cooperation, in particular the European Arrest Warrant and the transfer of prisoners."
UP DATE: EU: CRIME STATISTICS: Measuring
Crime in the EU: Statistics Action Plan 2011- 2015 (COM 713, pdf)
See: EU Crime Survey including long list of questions: Proposal for a Regulation on European statistics on safety from crime (pdf) and EU Crime Survey: Proposal for a Regulation on European statistics on safety from crime - Summary table (pdf). Detailed discussion of the Council's position.
Council of Europe: The
Consultative Committee of the Convention for the Protection if
individuals with regard to automatic processing of personal data
[ETS No. 108] (T-PD): Modernisation of Convention 108: new proposals (pdf)
EU-USA PNR SCHEME: "the Working
Party notes (modest) improvements in the draft agreement, but
does not see its serious concerns removed" Article 29
Working Party on data protection: Letter
to the Civil Liberties Committee of the European Parliament (pdf). See also: USA
offers an adequate level of protection: this means disproportionate
processing, excessive retention, a lack of respect for privacy
and minimal accountability (Amberhawk, link)
EU: FISCAL CRISIS TREATY: Version
4: 19.1.12
- 16:00: Draft Treaty on stability, coordination and governance
in the Economic and Monetary Union (pdf)
UK-FRANCE: Children's Commissioner
report: Landing
in Dover: The immigration process undertaken by unaccompanied
children arriving in Kent (pdf). See also: Child
trafficking victims bounced back to France within hours of arrival
in UK - Children's commissioner discovers trafficked minors were
sent straight back under 'gentleman's agreement' with France (Guardian, link)
EU: Statewatch's In
the News
Press reports from around the EU - 33 posts in January
EU: Commission
still seeking proof of the necessity of mandatory data retention
"An ongoing campaign by data protection authorities and civil society organisations has attempted to have the Data Retention Directive either severely amended or repealed altogether. However, it seems that the statement of Commissioner Malmström in a December 2010 speech to a consultation workshop on the Directive remains true: "data retention is here to stay". Moreover, judging from the tone of the Commission's note, it is likely to continue to prioritise the requirements of law enforcement authorities over the rights of individuals."
See: Statewatch's Observatory (from 2004 and ongoing): The surveillance of telecommunications in the EU
FRANCE: Court
decision overturns government attempt to deny foreigners' access
to lawyers in transit zones
On 30 November 2011, the NGO ANAFÉ (Association nationale
d'assistance aux frontières pour les étrangers)
was brought to court by the Ministry of Interior in an attempt
to halt the provision of free legal counselling to foreigners
held in transit zones at Roissy airport (Paris, France). A press
release has been issued denouncing the Ministry's attempt "to
conceal the obstacles preventing foreigners accessing their rights
in transit zones". The judge decided, on 4 January 2012,
that the Ministry's action was an impediment to ANAFÉ's
work.
UK:
Kettling protesters is lawful, appeal court rules - Metropolitan
police win appeal against high court ruling criticising violent
tactics at the G20 protest in 2009 (Guardian, link) and see: Full
text of the judgment (pdf)
UK: BORDER CONTROLS: Home Affairs Select Committee report: UK
Border Controls (78 pages, pdf)
EU: VICTIMS RIGHTS: Council of the
European Union: Developing Council position prior to entering
1st reading discussions: Proposal
for a Directive of the European Parliament and of the Council
establishing minimum standards on the rights, support and protection
of victims of crime - General approach (18691/11, pdf) and earlier version
with Member State's positions: 17714/11 (pdf)
EU-HUNGARY: European Commission: European
Commission launches accelerated infringement proceedings against
Hungary over the
independence of its central bank and data protection authorities
as well as over measures affecting the judiciary (Press release, pdf).
See also: EU
commission starts legal action against Hungary (euobserver, link)
UK: PARLIAMENTARY REPORT ON JOINT
ENTERPRISE: Joint Human Rights Committee: Joint
Enterprise: Volume I: Report, together with formal minutes, oral
and written evidence (pdf) and Additional
evidence: volume 2 (pdf). See also: MPs call
for new gang murder law (BBC News, link)
EU: European Commission: Civil Protection:
- Proposal
for a Decision of the European Parliament and of the Council
on a Union Civil Protection Mechanism (COM 934-11, pdf)
- Commission
Staff Working Paper: Executive Summary if the Impact Assessment:
Accompanying the document: Decision of the European Parliament
and of the Council on a Union Civil Protection Mechanism (SEC 1630-11, pdf)
- Commission
Staff Working Paper: Impact Assessment - 2011 review of the Civil
Protection regulatory framework: Accompanying the document: Decision
of the European Parliament and the Council: on a Union Civil
Protection Mechanism and on establishing a Civil Protection Financial
Instrument for the period 2014-2020 (SEC 1632-11, pdf)
EU: Council of the European Union:
Council developing its negotiating position: Amended
proposal for a Directive of the European Parliament and of the
Council on common procedures for granting and withdrawing international
protection status (Recast) (166 Pages, pdf)
EU: Report of the European Parliament's
Civil Liberties Committee(LIBE) on: Summary
record of the meeting of the European Parliament Committee on
Civil Liberties, Justice and Home Affairs (LIBE), held in Brussels
on 12 January 2012 (pdf) Includes interesting comments by MEPs on
the European Investigation Order in criminal matters.
EU: Amnesty International: Letter
to Commissioners Reding and Kroes: Hungary:
Serious concerns over human rights impact of constitution and
media laws
(pdf)
EU: European Commission: Communication:
First Annual Report on the implementation of the EU Internal
Security Strategy (COM 790-11, pdf)
EU: REGULATION ON ACCESS TO EU DOCUMENTS:
Report on debate in the European Parliament: Proposal
for a Regulation regarding public access to European Parliament,
Council and Commission documents (recast) - Outcome of the European
Parliament's first reading (Strasbourg, 12 to 15 December 2011) (pdf)
EU: MANDATORY DATA RETENTION DIRECTIVE: European
Commission Consultation concludes: "all Member States
- not just a minority need to provide convincing evidence of
the value of data retention for security and criminal justice":
"there are serious shortcomings with the EU framework including retention periods, clarity of purpose limitation and scope, lack of reimbursement of cost to industry, safeguards for access and use - which must be addressed. In particular, all Member States - not just a minority need to provide convincing evidence of the value of data retention for security and criminal justice."
See: Consultation on reform of Data Retention Directive: emerging themes and next steps (pdf)
EU: COUNTER-TERRORISM COMES TO SPORT: Council of
the European Union: Annex
to the Handbook for police and security authorities concerning
cooperation at major events with an international dimension (pdf) adopted at the
Justice and Home Affairs Council, 13-14 December 2011.This Annex
is added to: Council
Recommendation of 6 December 2007 concerning a Handbook for police
and security authorities concerning cooperation at major events
with an international dimension (pdf). The Annex embraces:"all
participants of such events sportsmen, spectators, organisers
and bystanders" and include some classic statements:
"a terrorist attack is a specific kind of disturbances of public order and thus requires to a large extent different counter-measures than those regarding non-terrorist unlawful acts." and the main traits of sports events is that:
"sports fans who can be under the influence of alcohol or drugs, prone to disturb public order by clashes with fans of opposite teams or to commit other unlawful acts. In such an environment it is relatively easy for a range of extremists or terrorists to blend into the crowd and conduct an attack" and intelligence should be gathered on "groups of radically-oriented individuals pretending to be sports fans" [emphasis added]
One of the counter-measures should be "not to have a large amount of uniformed security staff" but rather: "staff wearing civilian clothes".
European
Union and Hungary: towards a new Haider case? (EU ASFJ, link)
Spain and France: The
ongoing disgrace of detention centres
"Two reports on detention
centres have been published in Spain and France that highlight
a situation in which foreigners are experiencing conditions that
are often worse than those in prisons as a result of administrative
offences (irregular residence) and an aim to maximise the rates
of detention and returns. This has led to large-scale violations
of human rights and to policies that reduce judicial oversight
and the possibility of detained foreigners to effectively exercise
their rights through judicial proceedings and access to effective
remedies."
EU: Statewatch Analysis: A
proposal for an EU Immigration Code (64 pages, pdf) by Steve Peers, Professor
of Law, University of Essex: Under the Stockholm Programme the
EU is committed to the "consolidation of all legislation
in the area of immigration...to ensure fair treatment of third
country nationals who reside legally on the territory of [the
EUs] Member States. This substantive text of a Draft Code
seeks to contribute to the debate:
"Since the existing EU immigration law has often (rightly) been criticised for setting low standards on these issues, the adoption of an immigration Code will be an important opportunity to improve the substance and coherence of that existing law, in order to ensure that it is fair, understandable and transparent....
this Statewatch
analysis proposes a complete text of a draft Code [and] is intended
as a contribution to the debate about the future proposal for
a Code, which aims to raise the substantive standards and improve
the procedural rights of legal immigrants, while also making
the law simpler and more consistent."
EU: USA INTERVENES IN THE REVISION OF THE DATA PROTECTION
DIRECTIVE: The following Note by the USA was sent to the European
Commission listing its opposition to key clauses in the draft
revision of the Data Protection Directive: Informal
Note on Draft EU General Data Proection Regulation (December
2011)
(pdf) This was accompanied by a lobbying campaign at the stage
of Inter-service consultation within the Commission. It is therefore
no surprise to learn that: EU
Commission Postpones Publication of Proposal for Revised Data
Protection Directive (Privacy and Information Security Law blog, link).
See also: EDRI comments: US lobbying against draft Data
Protection Regulation (link)
The complete the Draft package of three proposals out for Inter-service consultation within the Commission:
DATA PROTECTION AND LAW ENFORCEMENT AGENCIES: European Commission draft out for Inter-service consultation: Proposal for a Directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of crime (pdf). See also: Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (pdf) the highly criticised measure which covers the exchange of personal data between EU Member States law enforcement agencies. See Statewatch's Observatory on data protection in police and judicial matters (2005-2008) and 2011 ongoing
Communication Communication: Safeguarding Privacy in a Connected World A European Data Protection Framework for the 21st Century (pdf)
FRANCE: Fingerprints
and transmission of data: biometrics to protect identity?
UK:TORTURE: Police
to investigate MI6 over rendition and torture of Libyans - Criminal
inquiry announced as DPP says there is not enough evidence to
prosecute agents over Pakistan and Afghanistan allegations (Guardian, link)
EU: Ombudsman: EU database
on fraud suspects breaches rights (euobserver, link): "The European
Commission's management of a database containing the names of
companies or people deemed to pose a threat to the financial
interests of the European Union is trampling basic rights, according
to the EU ombudsman. Anyone found on the Early Warning System
(EWS) - as it is called - risks having their EU contracts blocked
or suspended."
EU: ARMS EXPORTS: Official
EU report on arms exports too late and incomplete (Centre dEstudis per
la Pau J.M. Delàs (Study Centre for Peace J.M. Delàs),
link) and see: Thirteenth
annual report according to Article 8(2) of Council Common Position
2008/944/CFSP defining common rules governing control of exports
of military technology and equipment (link)
EU: European Parliament: Leading
MEP voices concern over draft EU criminal law (Parliament.com, link)
EU: European Data Protection Supervisor:
EDPS
Inventory 2012 of legislative consultations: a challenging year
ahead for data protection in the EU (Press release, pdf) and Inventory (pdf)
CANADA:
The
total surveillance society approaches (Ottawa Citizen,
link): "We will soon reach the point where governments
will have the capacity, should they wish it, to monitor, record,
and permanently archive the communications and activities of
their citizens from birth to death. Thats the sobering message
of a new Brookings Institution report by John Villasenor, an
engineering professor at the University of California, Los Angeles.
Within the next few years, he writes, it will be technically
possible and financially feasible for authoritarian governments
to record nearly everything that is said or done within their
borders - every phone conversation, electronic message, social
media interaction, the movements of nearly every person and vehicle,
and video from every street corner." See: Recording
Everything: Digital Storage as an Enabler of Authoritarian Governments
by John Villasenor (pdf, link)
UPDATED: EU-HUNGARY: European Commission: Statement
of the European Commission on the situation in Hungary on 11
January 2012
(pdf):
Background: Letter from Commissioner Reding to Hungarian Prime Minister (pdf) and Detailed Annex to the letter (pdf): "I need t