Statewatch News Online, No 2 of 2: 13 July 2011 (19/11)

Home page: http://www.statewatch.org/
e-mail: office@statewatch.org

  1. ITALY: Statewatch Analysis: Italy: Series of defeats in court for the ‘security package’
  2. UK: Still spooked – Greater emphasis on the Channel project in the revised Prevent strategy gives much cause for concern
  3. EU: Statewatch Analysis: ?The Dialogue for Migration, Mobility and Security with the Southern Mediterranean countries
  4. EU: Council of the European Union: Frontex
  5. EU: Council of the European Union: Minimum standards for the qualification and status of third country nationals
  6. EU: Meijers Committee Opinion on: Use of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime
  7. EU: Fundamental Rights Agency Report: Migrants in an irregular situation employed in domestic work
  8. EU: “SMART BORDERS”: Commission Background Note
  9. EU: Council of the European Union: Implementing the infamous Returns Directive: Questionnaire
  10. EU: Council of the European Union: Polish, Danish and Cyprus Presidencies: JHA External Relations
  11. COE-EU-ECHR: Draft final agreement: Accession of the European Union to the European Convention on Human Rights
  12. EU: 1st reading trilogue discussions between the Council of the European Union and the European Parliament
  13. EU-ACTA: Opinion of European Academics on Anti-Counterfeiting Trade Agreement
  14. EU: Council of the European Union: Provisional agendas for Council meetings, during the second semester of 2011

1. ITALY: Statewatch Analysis: Italy: Series of defeats in court for the ?security package? by Yasha Maccanico:
http://www.statewatch.org/analyses/no-137-italy-security-package.pdf

“A number of the measures introduced as part of the so-called ?security package? adopted in May 2008, in the wake of an election campaign dominated by the law and order agenda and by criticism of migrants and Roma people by members of the coalition led by Berlusconi, have been quashed in a series of recent decisions by the Italian Constitutional Court and the European Court of Justice in Luxembourg.”

2. UK: Still spooked (IRR News Service, link) Greater emphasis on the Channel project in the revised Prevent strategy gives much cause for concern:
http://www.irr.org.uk/2011/july/bj000010.html

See also: PREVENT Strategy: http://www.statewatch.org/news/2011/jun/uk-prevent-strategy-review.pdf

3. EU: Statewatch Analysis: ?A radically changing political landscape in the Southern Mediterranean?? The Dialogue for Migration, Mobility and Security with the Southern Mediterranean countries ” by Marie Martin:
http://www.statewatch.org/analyses/no-136-southern-med.pdf

“The strategy of using the voice of the people on the other side of the Mediterranean to legitimate its policy does not convince anyone: the externalisation of border controls and the management of migration flows remains the top priority on EU?s agenda, far ahead of human rights considerations.”

4. EU: Council of the European Union: 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) – Analysis of the final compromise text with the view to agreement. This final version refers to changes in the original: Commission Proposal:
http://www.statewatch.org/news/2011/jul/eu-council-frontex-final-12341-11.pdf

This final “compromise” is the result of six secret 1st reading trilogues between the Council and the European Parliament.

This Council report sets out the next stages with the Commission to carry out a feasibility study on the creation of a “European system of border guards” and to analyse whether to rename “RABITS”, “European Boarder Guard Teams”.

5. EU: Council of the European Union: Proposal for a Directive on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (recast) – Examination of draft compromise text:
http://www.statewatch.org/news/2011/jul/eu-council-qualification-tcn-12337-rev1-11.pdf

6. EU: Standing Committee of experts on international immigration, refugee and criminal law: The Meijers Committee Opinion on: Directive on the use of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (COM(2011)32):
http://www.statewatch.org/news/2011/jul/maijers-cttee-eu-pnr-opinion.pdf

7. EU: Fundamental Rights Agency Report: Migrants in an irregular situation employed in domestic work: Fundamental rights challenges for the European Union and its Member States (68 pages):
http://www.statewatch.org/news/2011/jul/fra-report-domestic-workers-2011.pdf

8. EU: “SMART BORDERS”: Commission Background Note: Covers Registered Traveller Programme (RTP)and the Entry-exit system (ESS), two measures yet to be adopted. The Note makes no mention of the extension of the EES to cover travel within the EU as a majority in the Council are backing nor of ESTA (Electronic System for Travel Authorisation). The total cost of the RTP and EES between 2013-2020 is estimated to be 1,335 million euro:
http://www.statewatch.org/news/2011/jul/eu-com-smart%20borders-note.pdf

9. EU: Council of the European Union: Implementing the infamous Returns Directive: Questionnaire on defining the conditions under which an entry ban can be imposed and the means by which Member States can have rapid access to information on an entry ban:
http://www.statewatch.org/news/2011/jul/eu-council-questionnaire—schengen-entry-ban-11895-11.pdf

See: Statewatch Analysis: http://www.statewatch.org/news/2008/jun/eu-analysis-returns-directive-june-2008-final.pdf
and Against the Outrageous Directive: http://www.statewatch.org/analyses/no-65-eu-outrageuos-directive-maccanico.pdf

10. EU: Council of the European Union: Polish, Danish and Cyprus Presidencies: JHA External Relations – Trio Programme: includes JAIEX mandate and says: “indicates tasks for several Council working parties that will be involved in achieving the goals concerning external relations within the JHA area. JAIEX will contribute to this process mainly by facilitating the exchange of information and providing a forum for strategic and horizontal reflections.”:
http://www.statewatch.org/news/2011/jul/eu-council-pres-trio-ext-12004-11.pdf

11. COE-EU-ECHR: Draft final agreement: Draft Legal Instruments on the Accession of the European Union to the European Convention on Human Rights:
http://www.statewatch.org/news/2011/jul/coe-eu-echr-draft-agreement.pdf

12. EU: 1st reading trilogue discussions between the Council of the European Union and the European Parliament:

– Proposal for a Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State:
http://www.statewatch.org/news/2011/jul/eu-single-permit-for-trialogue.pdf

– Proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA:
http://www.statewatch.org/news/2011/jul/eu-council-children-exploitation-multi-col.pdf

and see also: Council of the European Union: Proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography, replacing Framework Decision 2004/68/JHA (First reading) – Analysis of the final compromise text with view to a first reading agreement:
http://www.statewatch.org/news/2011/jun/eu-council-sexual-exploitation-1st-reading-analysis-11987-11.pdf

– Proposal for a Directive on the right to information in criminal proceedings: – Outstanding issues and consolidated text:
http://www.statewatch.org/news/2011/jul/eu-council-right-to-info-12163-11.pdf

13. EU-ACTA: Opinion of European Academics on Anti-Counterfeiting Trade Agreement:
http://www.statewatch.org/news/2011/jul/acta-academics-opinion.pdf

See also: European Commission: Proposal for a Council Decision on the signing, on behalf of the European Union of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America (COM 379):
http://www.statewatch.org/news/2011/jun/eu-com-acta-agreement-com-379-11.pdf

and COM 380: http://www.statewatch.org/news/2011/jun/eu-com-acta-agreement-com-380-11.pdf

14. EU: Council of the European Union: Provisional agendas for Council meetings, during the second semester of 2011 (Polish Presidency): Edited for Justice and Home Affairs meetings: http://www.statewatch.org/news/2011/jul/eu-council-jha-meetings-provisional-agendas.pdf

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