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Analyses: 1999-ongoing and Statewatch
conference speeches
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
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.
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-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"
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:
Joblessness and 'toxic relations' with police are blamed for
Tottenham riot - Citizens inquiry reports that London borough
suffers from lack of employment and 'low self-esteem' after interviewing
700 locals
(Guardian, link)
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 OF PROTEST: 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.
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.
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) - Proposal
for a Regulation amending Council Regulation (EC) No 562/2006
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)
Italy: Rome
city council warns evicted gipsies/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: 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"
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
UNHCR: Deaths in the Mediterranean: Mediterranean
takes record as most deadly stretch of water for refugees and
migrants in 2011 (pdf)
EU FISCAL TREATY: Version
6 - Final
(31.1.12, pdf) Version
5
(27.1.12, pdf)
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.
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 1: A common
framework for genuine and practical solidarity towards Member
States facing particular pressures due to mixed migration flows (pdf) - No 2: Family
reunification in light of the Commission Green Paper: The right
to family reunification is a matter of considerable importance
in, especially (pdf) - 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: Statewatch: Targeted issues:
- Observatory:
EU Internal
Security Strategy
- Observatory: Regulation
on access to EU documents: 2008 - 2011
- Observatory: European
Investigation Order
- Observatory: EU-PNR
(Passenger Name Record)
- Observatory: UK:
Government's Civil Liberties Programme
- Observatory: EU-USA
general agreement on data protection and the exchange of personal
data
-
Observatory: European
Security Research Programme (ESRP)
- Observatory: The surveillance of telecommunications
in the EU
- Full
contents of Statewatch News online with news, analysis
and documentation
- In the News carries
links to news coverage from across the EU
- What's New covers all new
items on the website
- Statewatch Sitemap
Top reports and services 2004-2011
See: Resources for researchers: Statewatch
Analyses: 1999-ongoing
Free access to two unique
resources on civil liberties in Europe: 1) The Statewatch
database with 27,000+ articles on civil liberties in
Europe. 2) SEMDOC website: Statewatch
European Monitoring and Documentation Centre on EU Justice
and Home Affairs policy. Download Press
Release
Statewatch publication:
Guide
to EU decision-making and justice and home affairs after the
Lisbon Treaty
(pdf) by Steve Peers, Professor of Law, University of Essex,
with additional material by Tony Bunyan
Statewatch Analysis:
Case
Law Summary: EU access to documents Regulation (142 pages, small pdf).
Prepared by Steve Peers
Professor of Law, University of Essex: "The following
summary sets out systematically the case law of the EU Courts
(the Court of Justice and the lower court, the General Court
previously known as the Court of First Instance) concerning
the EUs access to documents regulation (Reg. 1049/2001)."
UK: Statewatch
analysis: Six
months on: An update on the UK coalition governments commitment
to civil liberties (pdf) by Max Rowlands
Statewatch publishes
a follow-up to its June
2010 analysis
of the coalition government's commitment to civil liberties:
Within weeks of its formation in May 2010, the coalition government
announced with much fanfare its intention to restore the
rights of individuals in the face of encroaching state power.
An easy victory over Labours politically bankrupt National
Identity Scheme followed, but since then the governments
approach has been characterised by caution and pragmatism rather
than an unerring commitment to liberty.
EU: Major report
from Statewatch and the Transnational Institute:
NeoConOpticon
- The EU Security-Industrial Complex by Ben Hayes (pdf): 211,180 copies
downloaded. Executive
Summary
(pdf) and NeoConOpticon
blog
SPECIAL STATEWATCH
REPORT: The
Shape of Things to Come - the EU Future Group (Version.1.3) by Tony
Bunyan: 67,134 copies downloaded. The report calls for
a meaningful and wide-ranging debate before it is
too late for privacy and civil liberties. The proposals
set out by the shadowy "Future Group" set up by the
Council of the European Union include a range of highly controversial
measures including new technologies of surveillance, enhanced
cooperation with the United States and harnessing the "digital
tsunami". In the words of the EU Council presidency: "Every
object the individual uses, every transaction they make and almost
everywhere they go will create a detailed digital record. This
will generate a wealth of information for public security organisations,
and create huge opportunities for more effective and productive
public security efforts." This major new report The
Shape of Things to come (60 pages) examines the proposals of
the Future Group and their effect on civil liberties. It shows
how European governments and EU policy-makers are pursuing unfettered
powers to access and gather masses of personal data on the everyday
life of everyone on the grounds that we can all be safe
and secure from perceived threats. The Statewatch
report calls for a meaningful and wide-ranging debate
before it is too late for privacy and civil liberties.
See also ongoing: Statewatch Observatory: The Stockhom
Programme
See: Tony Bunyan's column in
the Guardian: View
from the EU
UK: Statewatch
Analysis: Rolling
back the authoritarian state? An analysis of the coalition governments
commitment to civil liberties (pdf) by Max Rowlands
Statewatch analysis:
Intensive
surveillance of violent radicalisation extended to
embrace suspected radicals from across the political
spectrum: Targets include: Extreme right/left, Islamist,
nationalist, anti-globalisation etc (pdf) by Tony Bunyan.
EU: Statewatch
Analysis: The
proposed European Investigation Order: Assault on human rights
and national sovereignty (pdf) by Steve Peers, Professor of Law,
University of Essex: "the combined abolition of dual
criminality and territoriality requirements represents both a
fundamental threat to the rule of law in criminal law
matters which is required by Article 7 ECHR (legal certainty
of criminal offences) and Article 8 ECHR in this field (invasions
of privacy must be in accordance with the law) and an
attack on the national sovereignty of Member States, which
would in effect lose their power to define what acts are in fact
criminal if committed on the territory of their State."
European Commission:
Stockholm Programme: Statewatch Analysis: Action
Plan on the Stockholm Programme: A bit more freedom and justice
and a lot more security (pdf) by Tony Bunyan
Statewatch Analysis:
The
right to protest: Troublemakers and travelling
violent offenders [undefined] to be recorded on database and
targeted
by Tony Bunyan: "Since the onset of the EUs response
to the war on terrorism the prime targets have been
Muslim and migrant communities together with refugees and asylum-seekers.
Now there is an emerging picture across the EU that demonstrations
and the democratic right to protest are among the next to be
targeted to enforce internal security.
Statewatch Analysis:
EU
proposals to increase the financial transparency of charities
and non-profit organisations by Ben Hayes: "The Financial
Action Task Force (FATF) has strongly promoted the thesis that
terrorist organisations use laundered money for their activities,
and that charities are a potential conduit for terrorist organisations."
Statewatch publication:
Border
wars and asylum crimes by Frances Webber (38 pages, pdf - 4.685 copies
downloaded: "When the pamphlet Crimes of Arrival
was written, in 1995, the title was a metaphor for the way the
British government, in common with other European governments,
treated migrants and especially, asylum seekers. Now, a decade
on, that title describes a literal truth.... There is a frightening
continuity between the treatment of asylum claimants and that
of terrorist suspects. In the name of the defence of our way
of life and our enlightenment values from attack by terrorists
or by poor migrants, that way of life is being destroyed by creeping
authoritarianism, and those values amongst which the most
important is the universality of human rights betrayed."
See also: Crimes
of arrival: immigrants and asylum-seekers in the new Europe (12 pages, 1995, pdf).
To order hard-copy see: Statewatch Publications
EU: The dream of total data collection by Heiner Busch. Status
quo and future plans for EU information systems
Terrorist
lists" still above the law by Ben Hayes
EU:
Secret trilogues and the democratic deficit by Tony Bunyan
EU:
Returns Directive: "Against the Outrageous Directive" speech given by Yasha
Maccanico in EP
Cementing
the European state by Tony Bunyan, New emphasis on internal security
and operational cooperation at EU level
EU-SIS Schengen Infornation
System Article 99 report by Ben Hayes
Policing
protests in Switzerland, Italy and Germany
The
surveillance of travel in the EU where everyone is a suspect by Tony Bunyan
EU: Statewatch
Report: Arming
Big Brother: new research reveals the true costs of Europe's
security-industrial complex by Ben Hayes (pdf, April 2006). The
European Union is preparing to spend hundreds of million on new
research into surveillance and control technologies, according
to Arming Big Brother, a new report by the Transnational Institute
(TNI) and Statewatch. Press
release
(English) Press
release
(Spanish, link) Copy
of full report (English, pdf) Copy
of full report (Spanish, pdf) Hard copies of Arming Big Brother
can be obtained from: The Transnational Institute, please send
an e-mail to: wilbert@tni.org with your request.
EU: "Unaccountable
Europe" by Tony Bunyan (Statewatch editor) in Special
issue of Index on Censorship: "Big Brother Goes Global"
(December 2005)
Europe: Launch
of the European Civil Liberties Network (link) - The ECLN was launched on 19
October 2005 as a long-term project to develop a platform for
groups working on civil liberties issues across Europe. A collection
of "Essays
in defence of civil liberties and democracy" was published
to mark the launch the ECLN
Global surveillance:
Global
coalition launch report and international surveillance campaign: Statewatch, with partner
organisations the American Civil Liberties Union (ACLU), Focus
on the Global South, Friends Committee (US) and the International
Civil Liberties Monitoring Group (Canada) today publishes an
in-depth report: "The emergence of a global infrastructure
for registration and surveillance" (20 April, 2005).
Statewatch report: Journalism,
civil liberties and the war on terrorism (full-report/request
printed copy) - Special report by the International Federation
of Journalists and Statewatch including an analysis of current
policy developments as well as a survey of 20 selected countries
in Africa, Asia, Europe, Latin Amercia, the Middle East and the
USA (published World press freedom day, 1 May 2005)
Statewatch analysis: The
exceptional and draconian become the norm - G8 and EU counter-terrorism
plans
(updated 26 March 2005 pdf)
Statewatch
"Scoreboard" on EU counter-terrorism plans (pdf) agreed in the
wake of the Madrid bombings. Our analysis shows that 27 out of
the 57 EU proposals have little or nothing to do with tackling
terrorism - they deal with crime in general and surveillance:
Analysis
in Spanish
(March 2004)
The road to "1984"
Part II: Everyone
in the EU will have to have their fingerprints taken to get a
passport
(February 2004)
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