Statewatch European Monitor: August-December 2004


Vol 4 no 7/8, September-December 2004 [double issue]      

Contents:

* Dutch Presidency & the EU institutions
* "Tampere II" - The Hague programme
* Policing & criminal law
* Counter-terrorism, security and civil liberties
* Surveillance: biometrics, data retention, 'PNR', SIS
* Immigration & asylum
* Civil law
* Secrecy and openness
* Resources on JHA issues

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The Statewatch European Monitor is a monthly, web-based publication covering developments in EU justice and home affairs policy. This page contains links to material on the SEMDOC website which is PASSWORD CONTROLLED. Document references and some links have been removed from this version of the monitor. Subscribers to the Statewatch European Monitor get unlimited access to SEMDOC website which contains full-text documents, extensive background material and systematically covers every single measure. For more information about SEMDOC and to take out a subscription to the Monitor, click here


   THE DUTCH PRESIDENCY & THE EU INSTITUTIONS


Two issues dominated the Netherlands' presidency of the EU Council (July-December 2004): the signing of the EU Constitution and the rejection of the proposed Commissioner for Justice and Home Affairs matters by the European Parliament.

1. On 29 October 2004, the 25 heads of the EU member states met in Rome and signed the EU Constitution. See: Statewatch Observatory for full-text of the EU Constitution, latest developments, background documentation and civil society critique. Nine of the 25 member states will now definitely have referenda on the Constitution, six have yet to decide and ten definitely will not (see Council doc).

2. Signature of the Constitution was somewhat overshadowed by the refusal of the European Parliament to endorse the new European Commission because of the right-wing views held by the proposed Justice and Home Affairs Commissioner, Rocco Buttiglione. See: EP Committee votes to reject Buttiglione as new Commissioner for justice and home affairs (EUobserver.com); Buttliglione's answers, Part A and Part B, compiled prior to his infamous appearance before the Committee for Citizens' Freedoms and Rights in the European Parliament on 5 October 2004; and Buttliglione's comments about the EU being "swamped" by an immigration "time-bomb": Statewatch News online (August 2004).

The Italian government eventually put forward Franco Frattini, the Italian Foreign Minister, as a a replacement for Mr. Buttiglione and on 18 November the European parliament voted in the new Commission.

3. Four Justice and Home Affairs Council's were held under the Dutch presidency (on 19 June, 30 September, 19 November and 2 December) and there was one informal meeting (25-26 October). All the agenda's, background and press releases etc. are available on SEMDOC.

4. For legislative developments in EU JHA policy under the Dutch presidency, see SEMDOC legislative observatory. See also SEMDOC legislative archive of Maastricht Treaty measures detailing the status of JHA measures adopted prior to the Amsterdam Treaty (includes ratification of measures by new member states and details of Member States' decisions on ECJ jurisdiction).

5. On 22 December, the Agriculture and Fisheries Council adopted a long-awaited Decision on the transition to qualified majority voting and codecision procedure for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community. The Decision will take effect as from 1 January 2005: full-text of Decision. Under the terms of the Amsterdam Treaty, QMV should have been introduced in these areas from 1 May 2004.

6. Luxembourg takes over the rotating presidency of the EU Council from the Netherlands for the first six months of 2005. See Luxembourg presidency website (link).


   "TAMPERE II" - THE HAGUE PROGRAMME


7. The EU summit on 4-5 November adopted the "Hague Programme" on the development EU justice and home affairs policy over the next five years: full-text of programme (Presidency conclusions). See also Statewatch annotated text and Statewatch timetable of measures derived from the adopted programme (pdf files).

The Hague programme has been dubbed "Tampere II" after the Tampere conclusions of October 1999 which formed an Action Plan for the development of EU justice and home affairs policy under the Amsterdam treaty (see Statewatch briefing on the Tampere process: "The story of Tampere - an undemocratic process excluding civil society").

8. A number of documents were produced prior to the adoption of the Hague programme. The European Commission produced a Communication entitled "Assessment of the Tampere programme and future orientations" (COM (2004) ...) and staff working papers on the "most important instruments adopted" (SEC(2004) ...) and one the AFSJ future orientations (SEC (2004) ...). The Commission also invited interested parties and individuals to respond to the Communication and submit contributions on a new programme.

9. While the Commission was busy consulting civil society, the JHA Directorate in the Council (under the guise of "the presidency") was consulting the member states on the "political orientation" of the new programme. The Council document sets out a framework for "resolutely pursuing the objective of further developing a common area of freedom, security and justice", leaving the Commission's consultation process looking like a rather redundant exercise.

10. The UK House of Commons' European Scrutiny Committee has produced a report on "The EU's Justice and Home Affairs work programme for the next five years".


   POLICE COOPERATION & EUROPOL


11. A report on strengthening EU operational police cooperation suggests that the EU Police Chiefs Task Force (PCTF) should provide greater "input from the operational police point of view into the policy-making of the EU" (full-text of report). It suggests that Europol should host meetings of the PCTF and that the Council's Police Cooperation Working Party should convene one or two meetings per Presidency with the "Chiefs of Police", another ad hoc grouping with no legal status. These arrangements, the document tries to suggest: "will ensure the accountability of the European operational cooperation". This is not correct: although it was set-up in 1999 at the request of the Tampere European Council, the PCTF has never been given a legal status within the EU framework, raising serious concerns about the accountability of the operational decisions it takes.

See also: Conclusions on the 10th meeting of the Police Chiefs Task Force - 11 and 12 October 2004 (partial access)

12. The Council has adopted a Recommendation on "reinforcing police cooperation especially in the areas surrounding the internal borders of the EU". It calls for bilateral or regional agreements for cross-border cooperation and suggests that new EU legislation, or amendment of the Schengen provisions on police cooperation, will follow in a years time (full-text of Recommendation). Earlier documents argued that "open borders are having a growing impact on the maintenance of public order and safety. Examples are the problems arising from drug-related crime, international sporting contests, and ideologically motivated demonstrations at high-profile events" (see Council documents).

13. The EU member states are considering several proposals to improve the collection and exchange of police data. See:

- draft Council Decision on exchange of data on terrorist offences ("general approach" agreed at JHA Council, 2 December 2004)

- European Commission Communication: "Towards enhancing access to information by law enforcement agencies" (COM (2004) ...) and Statewatch analysis: "Free market" for law enforcement database access proposed (includes full-text documentation);

- proposed EU Framework Decision on exchange of data between law enforcement services (SEMDOC legislative observatory).

14. The UK, France, Germany, Spain and Italy have proposed a Council Decision designating Europol as the central office for counterfeiting the euro (see SEMDOC legislative observatory). According to the Explanatory Memorandum, there has been a sharp increase in the number of counterfeit euros found in the member states, from 22,000 notes in the second half of 2002, to 312,000 notes in the second half of 2003. The proposed Decision will require all EU member states to establish a national central office for counterfeiting, in accordance with the 1929 Geneva Convention on the suppression of the counterfeiting of currency, and establishes Europol as the EU's central office.

15. During the past six months, the member states have begun reporting ratification of the 2000 Protocol to the Europol Convention which will extend the Europol's remit and powers. The Protocol has now been ratified by eight of the first fifteen Member States (the UK, Germany, Spain, France, Greece, Portugal, Italy and Sweden) and nine of the new Member States (the Czech Republic, Cyprus, Malta, Poland, Hungary, Lithuania, Latvia, Slovenia and Slovakia). It will enter into force once ratified by all of the first fifteen member states.

16. Swissinfo/NZZ Online, a Swiss website, has reported concerns about data protection in the Europol- Switzerland cooperation treaty (link). The treaty was signed in September 2004 but, like most of the Europol-third state agreements, has not yet been published (a fragrant breach of EU transparency rules). Europol's report on data protection in Switzerland and the opinion of the Europol Joint Supervisory Body on data protection was produced in March 2001(full-text of report).

17. The European Commission has produced a 70 page report "on the results of the final evaluation of the EU Drugs Strategy and Action Plan on Drugs
(2000-2004)" (COM (2004) ..., full-text of report). The report admits that "there is no clear division of responsibilities among the Council working groups dealing with drug issues" and proposes that "the Horizontal Drugs Group should have overall responsibility for co-ordination of the work of the different [EU] groups on drug issues". The Commission also recognises that "Civil society has not been regularly consulted in the formulation of EU policy on drugs and such consultation should become a regular feature. This will be the subject of a Commission Communication in 2005".

18. However, the Council has already agreed the EU Drugs Strategy: 2005-2012. This was adopted by the European Council in December 2004.

19. The Commission has also drawn-up an EU Action Plan to prevent fraud on non-cash means of payment (COM (2004) ...: full-text of Action plan). The plan covers the period 2004-2007.

20. A report on the implementation of the Convention on the Protection of the European Communities' financial interests has also been produced by the Commission. See report.

21. Two sets of Council conclusions on organised crime were drafted in November 2004, see:

- Council conclusions regarding an administrative approach to combat organised crime
  
- Council Conclusions on the "fight against organised crime linked to the Western Balkans" (note: there have been two further revisions to this document but neither have been released by the Council).

22. See also draft Council Conclusions on "Police Professional Standards concerning International Police Co-operation"

23. Five EU countries have established an EU paramilitary police force. On 17 September 2004, the European Gendarmerie Force (EGF) was established by France, Italy, the Netherlands, Portugal and Spain, following a French proposal from 2003. The agreement was signed in the Dutch town of Noordwick by the five countries' defence ministers. A report on Statewatch News online asks what will be its "rules of engagement"? And what lines of accountability for its actions are there to be?

24. The European Commission has put forward more proposals on the European police college (COM (2004) ...). Despite the adoption in July of a Decision establishing the college HQ at the Bramshill Police Training centre in the UK and a Decision giving legal personality to the college, the Commission argues that the new proposals will provide "a better legal framework by giving CEPOL legal personality, a permanent seat, financing from the Community’s budget, clear staff rules, and a streamlined governance structure".

25. The European Crime Prevention Network (EUCPN) has produced an Annual Report for 2003. See also Council Conclusions on the EUCPN (note: there were subsequent revisions to this document but these have been released by the Council)


   JUDICIAL COOPERATION & CRIMINAL LAW


26. Belgium has proposed an EU Framework Decision on the mutual recognition of prohibition orders against individuals convicted of sexual offences against children (full-text of proposal). The Framework Decision will oblige member states to include information about prohibitions connected to convictions in their national criminal records.

27. The Belgian proposal is connected to an earlier proposal from the Commission, of October 2004, for a Decision on the exchange of criminal records information (COM (2004) ...). Under this proposal, member states will be able to request information from each other's criminal records data. Judicial authorities will be able to contact one another directly and supply information on their own initiative. The "general approach" was agreed by the JHA Council on 2 December 2004.

28. The EU Framework Decision on drug trafficking has been published in the Official Journal. The member states have until 12 May 2006 to implement the Framework Decision by ensuring that their national criminal law complies with the EU definitions and sentencing regimes.

29. A Decision on the conclusion of the UN Organised Crime Convention on behalf of the EC has also been published in the OJ (includes full-text of the UN Convention). The European Community signed up to the Convention in December 2000.

30. The Commission has produced a report "On the Legal Transposition of the Council Decision of 28 February 2002 Setting up Eurojust" (COM(2004) ... full-text of report). There is also a more detailed annex to this report (full-text of annex).

31. See also "Draft Council Conclusions on an improved use of Eurojust in the fight against serious crime".

32. The Advocate-Generals has issued an opinions in Spain v. Eurojust (press release).

33. The UK Select Committee on the European Union has also produced a report on the role of Eurojust and Judicial Cooperation in the EU (HL Paper 138, of July 2004, full-text).

34. In August 2004 the European Commission produced a Green Paper (COM(2004) ...) on the mutual recognition of non-custodial pre-trial supervision. There is a more detailed Commission Staff Working Paper in the annex to the Green paper (SEC(2004)...).


   COUNTER-TERRORISM, SECURITY & CIVIL LIBERTIES


35. An updated EU Plan of Action on Combating Terrorism was produced in December 2004 (14.12.04). See also Note from the EU Counter Terrorism Coordinator (1.12.04).

36. Statewatch continues to monitor the development and implementation of new measures resulting from the 25 March 2004 EU Anti-Terrorist Declaration, see Statewatch timetable (updated 31 December 2004). For detailed analysis of the EU counter-terrorism programme see the Statewatch Scoreboard which found that 27 out of 57 EU proposals have little or nothing to do with tackling terrorism – they deal with crime in general and surveillance: (pdf files). See also Statewatch's Observatory in defence of freedom and democracy, monitoring new laws and practises introduced in the EU and US since 'September 11'.

37. The European Commission has produced several Communications on terrorism:

- on "critical infrastructure protection in the fight against terrorism" (COM (2004) ...);

- on "the Fight against Terrorist Financing through measures to improve the exchange of information, to strengthen transparency and enhance the traceability of financial transactions" (COM (2004) ...);

- on "prevention, preparedness and response to terrorist attacks" (COM (2004) ...).

38. See also Council Conclusions on counter terrorism and prevention, preparedness and response to terrorist attacks.

39. In October 2004, European Voice newspaper included Statewatch editor, Tony Bunyan, in its annual list of the fifty most influential people in the EU in 2004 (see EV50). The EV panel praised Statewatch's work on EU counter-terrorism policy and civil liberties.

40. The European Commission's Directorate General for Research has reported responses to its Communication "Science and Technology, the key to Europe's future - Guidelines for for European Union policy to support research". Over 1,700 organisations and individuals responded to an online questionnaire. Over 97% of respondents agreed that there is a need to strengthen support for research at the European level. But when it came to "the only two specific priorities identified in the guidelines" - "space and security related research" - the level of support dropped significantly. Only 64.5% supported research and space policy and security related research and it scored the lowest of any of the objectives with only 64.4%. These two policy areas also scored the highest level of negative opinion - with 23% saying that research in these areas was either "not important" or "unnecessary". See Statewatch News Online (December 2004)


   SURVEILLANCE: BIOMETRICS, 'PNR', DATA RETENTION & S.I.S.


41. The EU Regulation on the inclusion of biometrics - facial images and fingerprints - in chips in EU passports was adopted by the General Affairs Council on 13 December 2004: Full-text (pdf). After the Regulation is published in the Official Journal an "Article 6" Committee will be set up by the European Commission with representatives from 22 members states (excluding Ireland, the UK and Denmark). This committee will decide on the "details" such as how many fingerprints are to be taken, the equipment needed and the costs. After it has finished its work new (and replacement) passports issued will have to contain a "facial image" within 18 months, and fingerprints within three years.

- the UK government put on record its anger at being excluded from taking part in the adoption of the Regulation. Under the Protocol the UK can ask to "opt-in" but on this occasion the Schengen states stood firm and refused as the UK has not signed up to border controls aspects of the acquis: See: "Unilateral United Kingdom Statement": Full-text (pdf)

- in an open letter supported by more than 70 organisations and individuals, Privacy International, Statewatch and the European Digital Rights Initiative urged the European Parliament urged to reject biometric registration of all EU citizens and residents (open letter).

- the EP plenary ultimately voted in favour, adopting its report on 2 December 2004 (Coelho report). It is notable that the proposal was amended after the EP Committee had adopted its report, when the 25-26 October JHA Council (press release), overturned an earlier decision and agreed that fingerprints, as well as a facial images, should be mandatory for EU passports. It is also notable that neither the International Civil Aviation Authority (the UN body charged with agreeing harmonised biometric standards) or the United States' "Visit programme" (see below) require fingerprints to be stored inside passports.

- Statewatch accused the Council of the EU (member state governments) of blackmailing the EP into quick adoption of its report (Statewatch news Online, November 2004).

- Statewatch has also argued that the EU is exceeding its powers and that there exists no legal basis for the Regulation (legal analysis).

42. In what appears a salutary lesson for EU decision-makers,a Special Report from Statewatch revealed that the EU biometric visa policy is unworkable. The planned insertion of chips into visa stickers in non-EU passports will lead to "collisions" with visa chips from other countries and, apparently, the "ePassport chip" would be "killed" by the "eVisa chip". The Dutch presidency subsequently recommended that the proposal be abandoned because it is unworkable, and has asked the European Commission to come up with amended legislation on biometric visas (See Statewatch News Online, January 2005).

43. The US has begun taking fingerprints and facial scans from all visitors to the United States, see US VISIT programme. A "lifetime travel dossier" on all entrants will be created and held for up to 100 years (pdf).

44. Some of the data in the dossiers will come from the EU, which agreed last year to supply the US with "PNR" (Passenger Name Record) data on European Travellers. The EU entered into the agreement with the US against the wishes of the European Parliament - which voted against the treaty three times - and civil society groups. The EP is seeking annulment of the Treaty at the European Court of Justice but in October the ECJ refused to the accelerated procedure that the European Parliament had requested in its complaint (ECJ case C-317/04, pdf, in French). For background see Statewatch Observatory on EU-US PNR Treaty and surveillance of movement.

45. The EU's own framework for the surveillance of air travel, based on the EC Directive on PNR , has now been published in the Official Journal and must be implemented by 5 September 2006. For background see Statewatch Observatory on EU PNR scheme.

46. Meanwhile, back in the United States, and the ACLU (American Civil Liberties Union) says that the proposed "Secure Flight" passenger vetting project should be withdrawn (see: ACLU-PNR). Its predecessor, "CAPPS II", was withdrawn after the US General Accounting Office (GAO) found it failed it failed to meet 7 out of 8 basic privacy and data protection standards.

47. The draft Framework Decision on data retention (the mandatory collection and storage of all telecommunications traffic data by service providers for law enforcement agencies) remains firmly on the on the EU negotiating table. The June 2004 European Council called for adoption of the Framework Decision by June 2005.

- over 90 non-governmental organisations and 80 companies have endorsed Privacy International's call on the European Commission to abandon the proposed Framework Decision (Privacy international). This was in response to the European Commission's consultation on the proposal, which is a joint initiative of UK, France, Ireland and Sweden. See EDRI summary of the summary of the European Commission's consultation.

48. The Schengen Evaluation Working Party is to begin evaluating the UK and Ireland's compliance with the relevant aspects of the Schengen acquis in line with preparations for the two countries joining the SIS. Because the two countries are only participating in the police and judicial cooperation aspects of the Schengen Convention, they will not be able to access the immigration and border control data. The Schengen Evaluation WP is also to conduct an evaluation of application of the Schengen acquis in Greece, Finland, Norway, Sweden and Iceland, the most recent Schengen member states. See: Council conclusions:"Towards a new programme of Schengen evaluations" (29.11.04)

49. The EU Article 29 Working Party on Data Protection has proposed harmonised information standards to correct major divergencies in national laws (pdf). See also Appendix 1 (short notice) b. Appendix 2 (condensed notice) c. Appendix 3 (notice for air travellers).

50. The European Commission has produced its first report on the working of the 1995 Data protection Directive (pdf). See also technical Analysis (pdf) and European Parliament report (pdf).


   IMMIGRATION AND ASYLUM POLICY


51. The Agriculture and Fisheries Council of 22 December 2004 adopted a Decision on the transition of certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to qualified majority voting and codecision procedure. The Decision will take effect as from 1 January 2005: Full -text of the decision (15226/04).

52. Statewatch has produced a briefing on Vetoes, Opt-outs and EU Immigration and Asylum law (revised 23 December 2004). It covers:
a) the previous extent of Member States’ national vetoes over EU immigration and asylum law;
b) the extent to which the UK (along with Ireland and Denmark) can ‘opt-out’ of EU immigration and asylum law;
c) the links between (a) and (b), especially for the UK, Ireland and Denmark;
d) the extent to which the new Decision, implementing the agreement made as part of the ‘Hague Programme’ has affected the previous position; and
e) the impact of the proposed EU Constitution on these issues.
An Annex to this briefing sets out the possible practical implications of the change in decision-making agreed as part of the Hague Programme for specific pieces of legislation.

53. In December the European Commission has produced a Green Paper on: An EU approach to managing economic migration (unreferenced).

54. The 'general approach' to the draft Directive on admission of researchers was agreed at the 19 November Justice and Home Affairs Council.

55. The European Commission has produced its first annual report on Migration and integration (COM (2004) ...).

56. The Council has approved draft Conclusions on the establishment of Common Basic Principles for immigrant integration policy.

57. The Justice and Home Affairs Council of 2 December 2004 adopted conclusions of "best practices" for voluntary or forced "return of refugees". The best practices are: promoting assisted Voluntary Return (AVR) programmes; return counselling at the earliest opportunity; the conclusion of readmission agreements with countries of origin or transit; measures in order to clarify the identities of persons being returned; promoting return on the basis of validly assumed nationality; intensive consular co-operation; direct co-operation with authorities in the country of origin or transit; the use of
biometrics for return purposes; giving serious consideration to the possibilities for chartered flights and promoting the organisation of joint return operations.

58. The General Affairs Council of 2 November 2004 adopted Council Conclusions on readmission policy. The Council stressed the importance of EC readmission agreements with countries of origin and transit of migrants, which has long been a priority, and also "encourages these third countries to conclude readmission agreements with each other and with other countries in their respective regions". The levers of aid and trade will continue to be used to force third countries to accept readmission obligations.

59. The Justice and Home Affairs Council of 19 November 2004 agreed the "general approach" on the draft EC Directive on asylum procedures for the second time. The Directive should have been adopted before the 1 May 2004 deadline in the Amsterdam Treaty, but then as now only the "general approach" was agreed. The European Parliament is being reconsulted on the proposal. The most controversial outstanding issue is the draft list of "safe countries of origin" - asylum applications from nationals of these countries will be declared "manifestly unfounded". In September Statewatch revealed that the EU member states were clearly divided over the inclusion of seven African states on the list and called for the list, which was to be adopted unanimously as part of the Directive, to be scrapped (see Statewatch report on "safe countries of origin"). The November JHA Council decided to defer agreement on the list until after the Directive has been adopted (full-text). This means that it will be agreed by "qualified majority voting" and that the objections and human records concerns put on record by several member states will simply be ignored. The list will nevertheless be binding on all member states.

60. The EU General Affairs Council of 2 November 2004 adopted conclusions endorsing the Commission's Communication on "access to durable solutions". The Commission proposed "regional protection programmes" and the external processing of asylum applicants in future. The plans are seen by critics as a broad endorsement and significant step toward implementation of the UK government's "new vision for refugees", which would see the creation of camps in countries outside the EU (see Statewatch analysis). See also:

- draft report of Jean Lambert MEP for the Committee on Citizens' Freedoms and Rights in the European Parliament on "access to durable solutions" (EP report);

- European Call Against the creation of camps at European borders (link);

- excellent map produced by European activist network showing just how widespread the use of detention centres for asylum-seekers in and around the EU is already.

61. The Commission has published a study on "The transfer of protection status in the EU, against the background of the common European asylum system and the goal of a uniform status, valid throughout the Union, for those granted asylum" (Commission Study).

62. The Council has adopted Conclusions on "single asylum procedure", which was the subject of a Commission communication and staff working paper in the summer (see previous issue of the Monitor).

63. The Commission has produced the draft Regulation on the Visa Information System (VIS) and the exchange of data between Member States on short stay-visas (COM (2004)...). Co-decision applies. See also Council Decision establishing VIS adopted June 2004.

64. The Commission has also published its annual report on illegal immigration (Staff Working Paper: Annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders, and the return of illegal residents (SEC(2004) ...).

65. The Council has approved draft Conclusions on the progress made on the implementation of the Programme of measures to combat illegal immigration by sea.

66. The European Parliament has adopted its reports on the EC/Sri Lanka readmission agreement (A6...), ARGO decision (A6...). The Committee dealing with JHA issues has approved reports on the Residence permit format (A6...) and Visa format (A6...).

67. The following recently adopted legislative measures have been published in the Official Journal: Border agency (2004...), Refugee definition Directive (OJ 2004 ...), Victim's Residence Permits (OJ 2004 ...), Joint Expulsion Flights (OJ 2004 ...), Border Manual (OJ 2004 ...) and Border Crossings (OJ 2004 ...).


   CIVIL LAW


68. In October the European Commission presented a proposal for a Civil law mediation Directive, covering various aspects of mediation in civil law and commercial matters (COM (2004)...). The proposal will be adopted by Qualified Majority Vote in the Council and co-decision with the European Parliament.

69. In October the Commission also published an implementation report on Regulation 1348/2000 on the service of documents (COM (2004) ...).

70. In September there was another Commission proposal to amend Regulation 2201/2003 on parental responsibility to refer to the specific situation in Malta following that country's accession to the EU (COM (2004) ...).


   SECRECY & OPENNESS


71. The EU Court of First Instance has decided that governments can veto access to documents originating from them and submitted to an EU institution (case T-168/02)

72. The Statewatch Observatory on EU Freedom of Information Case Law was fully updated in November 2004. The observatory provides a summary of cases and the issues raised, together with links to Orders from CFI and Judgments and Opinions from the ECJ.


   KEY RESOURCES on the SEMDOC website


a. For all new material added to SEMDOC, see: What's New

b. Observatory on the EU Constitution

c. Key Texts, all the primary texts for reference: Key Texts

d. Justice and Home Affairs acquis: 1993 - ongoing: JHA Acquis

e. Justice and Home Affairs Councils (Agendas, Background Notes, Press Releases and minutes) are added as soon as they become available

f. The main Legislative Observatory is listed on the SEMDOC home page: Legislative Observatory

g. Back issues of this version of the Statewatch European Monitor:

July 2004 (vol 4 no 6)

May 2004 (vol 4 no 5)

April 2004 (vol 4 no 4)

March 2004 (vol 4 no 3)

February 2004 (vol 4 no 2)

January 2004 (vol 4 no 1)

December 2003 (vol 3 no 6)


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