2022
EU: Tracking the Pact: Council demands legal immunity for Frontex in Senegal "under all circumstances"
The negotiating directives for the proposed status agreement that would allow Frontex to operate in Senegal place a strong emphasis on the need for criminal and civil immunity of Frontex staff in Senegal "under all circumstances", while ensuring the most extensive executive powers possible.
EU: Tracking the Pact: Plan for Frontex to deploy "vessels, surveillance equipment, and carry out operational tasks" in Senegal and Mauritania
The EU's border agency is also due to open a "risk analysis cell" in Nouakchott, Mauritania, in autumn this year, according to documents obtained by Statewatch and published here. The two "action files" put heavy emphasis on the "prevention of irregular departures" towards the Canary Islands and increased cooperation on border management and anti-smuggling activities. Earlier this month, the Council authorised the opening of negotiations on status agreements that would allow Frontex to operate in both countries.
EU: Tracking the Pact: New “operational partnerships” with Morocco and Niger
Last week the European Commission announced two new “operational partnerships” with Morocco and Niger aimed at preventing and punishing human smuggling. The day before the Commission’s announcement, the International Centre for Migration Policy Development signed a cooperation agreement with the Nigerien authorities, to support “the fight against irregular migration”.
EU: E-Evidence: "an agreement has been reached on the core elements of the instruments"
A document circulated by the French Presidency of the Council of the EU on 30 June - France's last day of holding the office prior to the arrival of the Czech Presidency - says that during a "political trilogue" meeting with the European Parliament on 28 June, "an agreement [was] reached on the core elements" of the e-evidence proposals, which aim to facilitate the cross-border exchange of electronic data for criminal proceedings. The state-of-play of the Regulation and Directive can be seen in two documents produced following the trilogue, both of which are available here.
UN Special Rapporteurs critical of UK-Rwanda deal
On 1 July 2022, five UN Special Rapporteurs (SRs) wrote to the UK government to provide a legal analysis of the UK-Rwandan Memorandum of Understanding (MoU) of 14 April 2022 to establish an “asylum partnership arrangement”, focusing on the UK state’s obligations under international human rights law. This MoU raises concerns regarding its compatibility with such obligations.
EU: End game approaching for e-evidence negotiations, says French Presidency
Negotiations on the EU’s controversial “e-evidence” proposals may be coming to a close soon, according to a note circulated by the French Presidency of the Council on 16 June.
EU and USA set up “informal expert group” on mutual legal assistance and extradition
The EU and the USA are to set up an “informal expert group” aiming to “improve the practical implementation” of agreements on mutual legal assistance and extradition.
Deportations: EU to push for new readmission agreements "using all levers and incentives available"
Council Presidency progress report from 9 June focusses on “operationalisation of the external dimension, including as regards returns”; protection of the external borders; member state solidarity; and “more effective implementation of the Dublin rules”.
EU police forces authorized to transmit DNA and fingerprint data to the UK from 30 June
EU member states’ police forces will be able to transmit DNA and fingerprint data to the UK from 30 June, as part of post-Brexit cooperation on the ‘Prüm’ network of police databases.
EU: Tracking the Pact: Council mandate for negotiations with the Parliament on Eurodac
On 15 June the French Presidency of the Council transmitted to the COREPER (the Committee of Permanent Representatives) its proposed mandate for negotiations with the European Parliament on Eurodac, the database of asylum-seekers' fingerprints. The plan is to significantly expand the database by introducing new uses, new data categories, and lowering the age limit for inclusion.
EU: Tracking the Pact: Council position on Screening Regulation to gut border monitoring proposal
The proposed Screening Regulation, part of the EU's Pact on Migration and Asylum announced in September 2020, will see most individuals who enter the EU in an irregular fashion detained at the borders with a view to their swift expulsion. On 15 June, the French Presidency of the Council circulated its proposed compromise text, which is likely to form the basis for negotiations with the European Parliament. We are making it available here, along with the preceding version of the text. It maintains plans to gut a proposed fundamental rights border monitoring mechanism of most of its substance.
The fatal policies of Fortress Europe: nearly 50,000 documented deaths since 1993
The anti-racist group UNITED has documented 48,647 refugee and migrants deaths since 1993, detailed in an updated version of its list of deaths that is being published to coincide with World Refugee Day, 20 June.
Ireland increases payment to Frontex by tens of thousands of euros to boost deportations
Ireland's participation in Frontex activities is governed by agreements that are renewed annually. A Frontex management board decision from March outlines Ireland’s participation in operations and activities for 2022. The payment to Frontex from Ireland is significantly larger than in previous years, particularly in the realm of returns.
Death at the French-Italian border raises multiple concerns, says new report
Border Forensics, a new organisation conducting investigations into violence at borders, presented its first investigation on 30 May. It examines the death of Blessing Matthew, who was found on 9 May 2018 on the shore of La Durance river in the French Alps, caught in the lock at Prelles in the locality of Saint-Martin-de-Queurièr near Briançon.
EU: Artificial Intelligence Act: consolidated version of the Presidency's compromise text
On 15 June the French Presidency of the Council circulated a consolidated compromise text of the proposed Artificial Intelligence Act, which aims to establish a legal framework for the development and deployment of "trustworthy" AI in the EU.
EU: Further support for Ukrainian refugees and wounded soldiers up for discussion at Council meeting tomorrow
The efforts going into providing supporting for Ukrainians fleeing the Russian invasion are, of course, utterly vital - but very telling with regard to the double standards for refugees from different parts of the world.
EU: Rule of law: nothing to see here, Hungarian government tells the Council
On 23 May the Council of the EU held a hearing with Hungary as part of the Article 7 procedure concerning the "clear risk of a serious breach" of the EU's founding values: human dignity, freedom, democracy, equality, the rule of law and respect for human rights. The response from the Hungarian delegation? Don't worry about a thing.
Europol: small steps on transparency, but many documents still under lock and key
Last year, Europol committed to a number of transparency measures in response to an Ombudsman decision in a case filed by Statewatch. In March this year, MEP Patrick Breyer followed up with questions on the agency’s fulfilment of these commitments. We publish Europol’s answers here.
Frontex: Exchange of views leaves key questions hanging
The LIBE Committee Frontex Scrutiny Working Group (FSWG) held an exchange of views on Frontex’s activities in non-EU countries today, though certain questions by members were left conspicuously unanswered.
Frontex not subject to human rights clause in mapping contract with Italian university
Last year protests broke out at Turin Polytechnic University when a professor denounced a contract between EU border agency Frontex and a consortium that included one of the university's departments. In response, a human rights clause was belatedly introduced into the two-year, four million euro contract - although Frontex denies having seen any such clause or other documents produced by the consortium.
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