Statewatch News Online, 10 May 2011 (11/11): Welcome to the new world of the interception of telecommunications

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STATEWATCHING EUROPE: Civil Liberties, the state and the European Union Saturday 25 June 2011 (10.00-17.30)
Conway Hall, Red Lion Square, London WC1R 4RL
Programme and Registration form: www.statewatch.org/conference/conference.pdf
Book Online: www.statewatch.org/ordering/order.html

  1. EU: Welcome to the new world of the interception of telecommunications
  2. EU: Council of the European Union: Charter of Fundamental Rights of the European Union
  3. EU: European Commission: Operational Guidance on Fundamental Rights in Commission Impact Assessments
  4. EU: European Investigation Order (EIO): Council of the European Union: grounds for refusal to execute
  5. EU: Statewatch Analysis: Commission Communication on migration: Adapting the Schengen Border Code
  6. EU: ACCESS TO DOCUMENTS: Council of the European Union: Perverse decision
  7. EU: Statewatch Analysis: The effects of security policies on rights and liberties in the European Union, and their export beyond the EU’s borders
  8. EU: FRONTEX: FUNDAMENTAL HUMAN RIGHTS: Latest Council position on the Frontex Regulation
  9. EU-PNR: Council of the European Union: Latest draft of the Council’s position: now includes “intra-EU flights”
  10. EU-USA: US Congressional Research Service: US-EU Cooperation Against Terrorism
  11. EU: Historical documents: Council of the European Union: Questionnaire: electronic recording of entries and exits
  12. GREECE: NGO “AITIMA”: Asylum seekers are put in jail!
  13. Council of Europe: Parliamentary Assembly: An overview of work on issues relating to human rights and terrorism
  14. EU: MANDATORY DATA RETENTION OF TELECOMMUNICATIONS: Discussion paper
  15. EU: Historical documents: EU-USA: TFTP/SWIFT Agreement
  16. ECJ: Judgment: Italy told it cannot send a person to prison because they are unable to remove them from the country
  17. EU: FRONTEX: Multicolumn document on the Trilogue discussions between the Council and the European Parliament
  18. EU: LIST OF TRAVEL DOCUMENTS: Multicolumn document on the Trilogue discussions between the Council and the EP
  19. EU: RIGHT TO INFORMATION IN CRIMINAL PROCEEDING: Trilogue discussions between the Council and the EP
  20. EU: European Investigation Order (EIO)
  21. EU: SCHENGEN: France and Italy propose reform of EU border rules
  22. EU: Mandatory data retention: Press release by the German Working Group on Data Retention (AK Vorrat)
  23. EU: Council of the European Union: Internal security, 29 Measures, TCNs

1. EU: Welcome to the new world of the interception of telecommunications:
www.statewatch.org/news/2011/may/03eu-interception.htm

– under the new forms of interception Member States simply authorise themselves
– Italian government survey response: “it is probably possible that the telecommunications are in a way “deviated” to the requesting state without listening in Italy.”
– “the legal framework with respect to transnational searches of such devices is not well-developed.” (EU-G6 Interior Ministers)

2.  EU: Council of the European Union: Latest draft Conclusions: Charter of Fundamental Rights of the European Union:
www.statewatch.org/news/2011/may/eu-council-draft-concl-charter-fr-9008-rev1-11.pdf

3. EU: European Commission: Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments (SEC 567):
www.statewatch.org/news/2011/may/eu-com-fra-assessment-sec-0567-11.pdf

4. EU: European Investigation Order (EIO): Council of the European Union: Proposals of Presidency – grounds for refusal to execute (EU doc no: 9500-11)
www.statewatch.org/news/2011/may/eu-council-eio-9500-11.pdf

Proposals of Presidency – costs and remedies (EU doc no: 9499): www.statewatch.org/news/2011/may/eu-council-eio-9499-11.pdf

And see Statewatch Observatory on the EIO: www.statewatch.org/Targeted-issues/EIO/eio-observatory.htm

5.  EU: Statewatch Analysis: Commission Communication on migration: Adapting the Schengen Border Code by Chris Jones:
www.statewatch.org/analyses/no-129-schengen-boder-code.pdf

On 4th May 2011, the European Commission published a new Communication on Migration. In light of the on-going political turmoil in North Africa and the subsequent impact on southern EU member states – notably Italy and Malta – the Communication outlines current and future proposals with regard to migration issues. However, it is not limited to policy areas affected by the situation in North Africa, and is in fact a vehicle for demanding a range of political and institutional changes at both EU and Member State level.

6. EU: ACCESS TO DOCUMENTS: Council of the European Union: Public access to documents – Confirmatory application No 09/c/01/11:
www.statewatch.org/news/2011/may/eu-council-access-appeal-8273-11.pdf

A perverse decision by the Council to refuse access to the Opinion of the Council Legal Services concerning the Council’s use of powers under the Comitology Regulation (implementation). Four Member States – Denmark, Finland, Netherlands and Sweden voted against the refusal of access to the document as it “does not contain particularly sensitive information” and they did not agree with “the interpretation of the Turco case-law”.

7.  EU: Statewatch Analysis: The effects of security policies on rights and liberties in the European Union, and their export beyond the EU’s borders by Yasha Maccanico:
www.statewatch.org/analyses/no-128-sec-lib-eu.pdf

Far-reaching analysis: 1) The introduction of the so-called “security package” in Italy, which institutionalises discrimination as a general rule; 2) Exceptional practices to counter terrorism in UK and exception turned into routine in the functioning of Italian courts; 3) The criminalisation of behaviour that is not criminal per se; 4) The state of emergency declared in France when there were disturbances in the banlieues [suburbs]; 5) Identification of problem groups and introduction of norms against them; 6) Events in the Spanish north African enclave of Ceuta in northern Morocco; 7) Subcontracting border controls, detention and returns

8.  EU: FRONTEX: FUNDAMENTAL HUMAN RIGHTS: Latest Council position on amending the Frontex Regulation: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (EU doc no: 9342-11): www.statewatch.org/news/2011/may/eu-council-frontex-9342-11.pdf

Fundamental rights: The Civil Liberties Committee (LIBE) of the European Parliament proposed that an Advisory Board on Fundamental Rights should be created “positioned above the Agency” (emphasis added). At the meeting of the Council’s Working Party on Frontiers (comprising representatives of Member State delegations): “no delegation could accept the proposal”. Instead the Council is proposing: 1) that Frontex should “further develop” its Fundamental Rights Strategy” (drawn up and agreed by Frontex); 2) a Consultative Forum should be set up whose composition would be decided by Frontex; and 3) A Fundamental Rights Officer, through open competition, appointed by Frontex.

Tony Bunyan, Statewatch Director, comments: “The Council’s proposals on ensuring fundamental rights are respected in all Frontex activities are utterly toothless and provide a fig-leaf of accountability. Frontex, like now, would remain a law unto itself.”

9.  EU-PNR: Council of the European Union: Latest draft of the Council’s position: now includes “intra-EU flights” (between Member States) as well as flights in and out of the EU: Proposal for a Directive of the Council and the European Parliament on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime: www.statewatch.org/news/2011/may/eu-council-eu-pnr-8458-11.pdf

10.  EU-USA: US Congressional Research Service: US-EU Cooperation Against Terrorism:
www.statewatch.org/news/2011/may/usa-crs-eu-usa-terr-coop.pdf

11. EU: Historical documents: Council of the European Union: Member State national answers to: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area (EU doc no: 8552/09, April 2009:
www.statewatch.org/news/2011/may/eu-council-tcn-exit-entry-recording-questionnaire-replies-8552-09.pdf

plus: Responses from France, Cyprus and Finland (8552/09 ADD 1):
www.statewatch.org/news/2011/may/eu-council-tcn-exit-entry-recording-questionnaire-replies-8552-add1-09.pdf

Responses from Bulgaria, France, Italy, Portugal, Iceland and Norway (8552/09 ADD 2):
www.statewatch.org/news/2011/may/eu-council-tcn-exit-entry-recording-questionnaire-replies-8552-add2-09.pdf

and Response from Greece (8552/09 ADD 3):
www.statewatch.org/news/2011/may/eu-council-tcn-exit-entry-recording-questionnaire-replies-8552-add3-09.pdf

12. GREECE: NGO “AITIMA”: Asylum seekers are put in jail!
www.statewatch.org/news/2011/may/greece-asylum-seekers-put-in-jail-prel.pdf

“The police authorities, punishing with imprisonment everyone who is trying to practice his/her right to apply for asylum, are basically demolishing such entitlement. This practice is a cruel violation of human rights of the refugees. The rights of the refugees are ratified in the international conventions and therefore compel our country.”

13. Council of Europe: Parliamentary Assembly: Committee on Legal Affairs and Human Rights: An overview of work of the Committee on Legal Affairs and Human Rights on issues relating to human rights and terrorism:
www.statewatch.org/news/2011/apr/coe-parl-ass-terrorism-80411.pdf

14. EU: MANDATORY DATA RETENTION OF TELECOMMUNICATIONS: Council of the European Union: Report from the Commission to the Council and the European Parliament Evaluation report on the Data Retention Directive (Directive 2006/24/EC) – Discussion paper:
www.statewatch.org/news/2011/apr/eu-council-mand-ret-discussion-paper-9439-11.pdf

Tony Bunyan, Statewatch Director, comments: “The Council’s Discussion Paper raises fundamental issues about the legality of Member States continuing to to gather and retain details of all communications under the Directive.”

15.  EU: Historical documents: EU-USA: TFTP/SWIFT Agreement:

– Summary of the First Annual Report on the processing of EU originating personal data held by the US Treasury Department for Counter Terrorism purposes: Terrorist Finance Tracking Programme, December 2008, Judge Jean-Louis Bruguiere:
www.statewatch.org/news/2011/apr/eu-usa-tftp-swift-1st-report-2008-judge-bruguiere.pdf

– Second Report on the processing of EU-originating personal data by the US Treasury Department for counter-terrorism purposes: Terrorist Finance Tracking Programme, January 2010 by Judge Jean-Louis Bruguiere:
www.statewatch.org/news/2010/aug/eu-usa-swift-2nd-bruguiere-report.pdf

– Negotiating directives for negotiations between the European Union and the United States of America for an international agreement to make available to the United States Treasury Department financial payment messaging data to prevent and combat terrorism and terrorist financing (23.7.09):
www.statewatch.org/news/2011/apr/eu-usa-tftp-swift-july-2009-council-negotiating-directives.pdf

16. ECJ: European Court of Justice judgment: Italy told it cannot send a person to prison because they are unable to remove them from the country: The Directive on the return of illegal immigrants precludes national rules imposing a prison term on an illegally staying third-country national who does not comply with an order to leave the national territory (Press release): www.statewatch.org/news/2011/apr/ecj-dridi-press-rel.pdf

and Full-text of judgment: www.statewatch.org/news/2011/apr/ecj-dridi-judgment.pdf

17.  EU: FRONTEX: Multicolumn document on the Trilogue discussions between the Council and the European Parliament: Proposal for a Regulation of amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (EU doc no: 9431/11, 20.4.11, 131 pages):
www.statewatch.org/news/2011/apr/eu-council-frontex-multicolumn-9341-11.pdf

18.  EU: LIST OF TRAVEL DOCUMENTS: Multicolumn document on the Trilogue discussions between the Council and the European Parliament: Draft Decision on the list of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list:
www.statewatch.org/news/2011/apr/eu-council-travel-documents-multicolumn-8595-11.pdf

19. EU: RIGHT TO INFORMATION IN CRIMINAL PROCEEDING: Multicolumn document on the Trilogue discussions between the Council and the European Parliament: Proposal for a Directive of the European Parliament and of the Council on the right to information in criminal proceedings Trilogue 18 April 2011 Comparative table:
www.statewatch.org/news/2011/apr/eu-ep-council-right-to-info-crim-proced-trilogue-columns-at-18-apr-11.pdf

See also: European Parliament: Proposal to the Shadow Rapporteurs for the EP’s position in view of the 2nd Trilogue:
www.statewatch.org/news/2011/apr/eu-ep-note-right-to-info-crim-proced-trilogue-note-18-apr-11.pdf

Technical Note for EP: www.statewatch.org/news/2011/apr/eu-ep-note-right-to-info-crim-proced-trilogue-note-13-apr-11.pdf

and State of Play after the 1st Trilogue: www.statewatch.org/news/2011/apr/eu-ep-note-right-to-info-crim-proced-trilogue-state-of-play-5-apr-11.pdf

20. EU: European Investigation Order (EIO): Proposed Directive regarding the European Investigation Order in criminal matters – Follow-up document of the meetings of the Working Party on 7-8 February 2011, 8 March 2011 and 1 April 2011 (with Member State positions):
www.statewatch.org/news/2011/apr/eu-council-eio-8474-11.pdf

21.  EU: SCHENGEN: France and Italy propose reform of EU border rules: Full-text of letter to the Council and Commission (French):
www.statewatch.org/news/2011/apr/eu-schengen-letter-tobarroso-and-vanrompuy.pdf

22. EU: Mandatory data retention: Press release by the German Working Group on Data Retention (AK Vorrat), Impossible to Ensure Legality of EU Communications Data Retention Directive Says German Parliament: www.statewatch.org/news/2011/apr/eu-mand-ret-wp-on-dp-prel.pdf

23. EU: Council of the European Union:

– Final report and recommendations of Project Group “Measure 6″ (EU doc no: 7942 rev 1): “29 measures for reinforcing the protection of external borders and combating illegal immigration (6975/10), the Project Group on Measure 6 has produced its final report.”:
www.statewatch.org/news/2011/apr/eu-council-29-measures-7942-rev1-11.pdf

– Information Management Strategy for EU internal security: Draft interim report on the Implementation of the 1st Action List:
www.statewatch.org/news/2011/apr/eu-council-ims-1st-action-list-8420-11.pdf

– Draft Council Conclusion on enhancing the links between internal and external aspects of counter-terrorism:
www.statewatch.org/news/2011/apr/eu-council-draft-conclusions-ext-int-ct-8962-11.pdf

– Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment:
www.statewatch.org/news/2011/may/eu-council-seasonal-workers-9564-11.pdf
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Statewatch: Monitoring the state and civil liberties in Europe
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www.statewatch.org

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