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The European Commission has recently agreed two implementing decisions on the categories of data subjects and of personal data that may be processed by the European Public Prosecutor's Office (EPPO) in the course of its investigations.
As part of the 'Pact on Migration and Asylum', the European Commission has proposed the creation of new independent monitoring mechanisms to investigate human rights abuses, such as pushbacks. However, while many see this as a necessity to prevent violations of individual rights in border control operations, there are a number of EU states who are likely to oppose the measure.
The German Presidency of the Council has drafted a set of conclusions on the topic of "potential terrorists" ("Gefährder"), setting out ways for the member states to improve information-sharing and coordinate risk assessment and analysis. With increased political pressure to share information on "potential" threats, who will be caught up in the net that shouldn't be?
The Greek military's 'Multinational Peace Support Operations Training Center' has prepared an analysis of training requirements for the military's role in integrated border management operations. Although the report acknowledges that border control is primarily a civilian task, it says that more training should be given to armed forces in the EU, and that the EU should adopt a 'Common Core Curriculum' on the issue.
A French activist who was prosecuted for transporting a man presumed to be in an irregular immigration situation has had his sentence overturned, but a fresh hearing at the Court of Appeal awaits.
Technological 'innovations' give ordinary people increasing opportunities to monitor and record each others' behaviour. The authorities - in particular, the police - are keen to take advantage of these developments. An article published by the Goethe Institute looks at some of the ways artists have explored these developments, and what they say about contemporary forms of surveillance and social control.
A new senior police working group will try to advance the police demand to retain wiretapping abilities with 5G technology. However, the technical architecture of 5G makes this extremely difficult, if not impossible. The German Presidency is seeking formal recognition from the Council's Law Enforcement Working Party for this new body, named the 'European Heads of Lawful Interception Units'. As well as EU and Schengen states, the UK will apparently also be involved.
In the Sangonera detention centre near the city of Murcia, 40 immigration detainees have gone on hunger strike to demand they be released.
The Covert Human Intelligence Sources (Criminal Conduct) Bill has passed its third reading in the House of Commons. The law would allow state agents to commit crimes in the course of undercover operations, with no limits set down on what they may do.
The EU’s Pact on Migration and Asylum reiterated the long-standing priority for the EU and its member states to work more closely with “third countries” to control migration. In practice, this has led to serious abuses and even deaths, as smugglers engage in increasingly-complex and dangerous circumvention of border controls and police operations. Nevertheless, the EU is pushing ahead with new initiatives seeking to formalise cooperation with Balkan and African states on anti-migrant smuggling operations.
On Monday 26 October we will hold the second in our series of webinars exploring the report 'Deportation Union: Rights, accountability and the EU's push to increased forced removals'.
On 6 October 2020, the Court of Justice of the EU (CJEU) ruled in two separate cases (concerning the UK, and France and Belgium) that mass surveillance by national security agencies - here, the mass retention and collection of telecommunications data - is not in line with EU law, and that only certain types of limited data retention schemes with adequate safeguards are permissible.
Two recent Amnesty International reports have highlighted the role played by EU institutions, agencies and member states in facilitating 'pull-backs' by the Libyan Coast Guard (LCG). Amnesty argues that collaboration with the LCG in this way violates international law. In a response to Amnesty, Frontex has avoided any meaningful engagement with the issues raised.
The government's ongoing rhetoric against "activist lawyers" - which seems to be spearheaded, in particular, by the Home Office - has led to a physical attack at a law firm, legal professionals claim. Last month, a man entered a London law firm's office with a knife and managed to injure one member of staff in a racist attack, before being overpowered.
Legal Centre Lesvos reports on the situation following the fire that destroyed the Moria camp three weeks ago. Grassroots initiatives are being targeted and shut down, and a new, closed camp has been set up. Nevertheless, the organisation reports some succeses with individual cases.
A former president of the Supreme Court has warned that certain provisions in the Internal Market Bill put the UK on a path towards "dictatorship", due to the explicit intention to breach international law and make it possible for the government to introduce regulations that are not subject to review by the courts.
Criminal proceedings in Italy are ongoing against the crew of the rescue boat Iuventa and the former captain of rescue boat Sea-Watch 3. A UN human rights expert says the charges should be dropped, because those saving lives at sea are "human rights defenders and not criminals."
Europol is unlawfully processing the personal data of a vast number of innocent people, says a report by the European Data Protection Supervisor (EDPS). The agency has been given two months to come up with an “action plan” to fix the problem – but in the meantime, despite the serious risks to individual rights identified by the EDPS, the agency is allowed to continue using the techniques.
A report by Germany's domestic intelligence agency (Bundesamt für Verfassungsschutz, BfV) has detailed hundreds of anti-constitutional far-right incidents in the police and the military, yet the country's interior minister has apparently sought to downplay the significance of the findings.
At the end of a five year trial, a Greek court has found senior members of neo-fascist party Golden Dawn guilty of running a criminal organisation. Party members were also found guilty of the 2013 murder of the rapper Pavlos Fyssas, physical attacks on trade unionists and the attempted murder of a fisherman.
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