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 10 February 2012
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GUIDE TO EU DECISION-MAKING & JHA
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Top 20 stories for full contents see: Statewatch News online or What's New: lists all items on the website.
Resources for researchers: Statewatch 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 EU’s 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 what’s 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 what’s 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 Europe’s 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 Commission’s 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 EU’s access to documents regulation (Reg. 1049/2001)."

UK: Statewatch analysis: Six months on: An update on the UK coalition government’s 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 Labour’s politically bankrupt National Identity Scheme followed, but since then the government’s 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 government’s 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 EU’s 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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