Statewatch News Online, 29 November 2011: Criticism of UK Terrorism Prevention and Investigation Measures mounts

29 November 2011 — Statewatch

1. Statewatch Analysis: The Arab Spring of “Security made in Germany”
2. Statewatch Analysis: Criticism of UK Terrorism Prevention and Investigation Measures mounts
3. EU-USA PNR DEAL: Commission proposal for a: Council Decision
4. EU: FRONTEX: Code of conduct for all persons participating in Frontex activities
5. EU-ECJ: Court judgment on Sison case
6. EU-ECJ: EU law precludes the imposition of an injunction by a national court… to install a filtering system
7. EU-ECJ: DATA PROTECTION: Judgment
8. France: Criticism of the law on immigration, integration and nationality of 16 July 2011
9. France: Racial profiling and anti-poor byelaws
10. EU: Council of the European Union: Dublin II early warning system, visa lists, European Investigation Order
11. EU: European Data Protection Supervisor (EDPS): Internal Market Information System
12. EU-ECHR ACCESSION
13: ITALY: Pro Asyl report: The Living Conditions of Refugees in Italy
14. EU: Council of the European Union: Asylum Procedures Directive and Early Warning System
15. EU: Council of the European Union: Schengen Information System/SIRENE: ARTICLE 96: Refusal of entry to third country nationals
17. UK: BORDER AGENCY: Glossary of Terms
18. EU: IT AGENCY REGULATION
19. EU: Council of the European Union: Observatory: Proceedings of the Justice and Home Affairs Council, 1993 – present
20. EU: Council of the European Union: Transparency – Historical Overview (1992 – 2010)
21. EU-UK: OPT-IN & OPT-OUT
22. EU: Council of the European Union: Discussion paper on radicalisation
23. EU: EU Annual Report on Human Rights and Democracy in the World in 2010
24. EU: DATA PROTECTION: EDPS: Opinion on European statistics on safety from crime
25. EU: Solidarity Clause ? the way ahead? – Orientation debate on Art. 222 TFEU
26. EU: Smart borders – Big brother border proposals with high costs are anything but smart
27. EU: European Commission: 2010 Annual Report on common rules in the field of civil aviation security
28. UK: Home Office Statistical Bulletin: Operation of police powers under the Terrorism Act 2000
29. UK: Home Affairs Select Committee report: New Landscape of Policing
30. USA: Government Accountability Office (GAO) report: Progress Made and Challenges Remaining in Sharing Terrorism-Related Information
31. EU-PNR: Council of the European Union: Senate of Netherlands’ reservations

1. Statewatch Analysis: The Arab Spring of “Security made in Germany” by Eric Töpfer: “Investigative journalists have revealed a secret mission by the German Federal Police to train border guards in Saudi Arabia. The episode sheds light on the much broader engagement of the German security-industrial complex in arming authoritarian monarchies in the Gulf region.”:
http://www.statewatch.org/analyses/no-161-arab-spring-germany.pdf

2. Statewatch Analysis: Criticism of UK Terrorism Prevention and Investigation Measures mounts as government retains power to forcibly relocate suspects by Max Rowlands: “In another U-turn on civil liberties, the government is introducing emergency legislation that will allow it to impose on terrorist suspects many of the draconian restrictions they had promised to do away with.”:
http://www.statewatch.org/analyses/no-160-uk-tpims.pdf

3. EU-USA PNR DEAL: Commission proposal for a: Council Decision on the signature of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security (COM 805):
http://www.statewatch.org/news/2011/nov/eu-com-council-decision-eu-usa-pnr-deal-com-807.pdf

See: Revised EU-US agreement on PNR data still protects only travel companies, not travellers (Identity Project, link):
http://papersplease.org/wp/2011/11/28/revised-eu-us-agreement-on-pnr-data-still-protects-only-travel-companies-not-travelers/

4. EU: FRONTEX: Code of conduct for all persons participating in Frontex activities: Note this is a “Press Version”, not the original document. Article 10 deals with the carrying of weapons: http://www.statewatch.org/news/2011/nov/eu-frontex-code-of-conduct-press-version.pdf

FRONTEX REGULATION: 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 (OJ):
http://www.statewatch.org/news/2011/nov/eu-oj-frontex-regulation.pdf

5. EU-ECJ: Court judgment on Sison case: EU judgment – no compensation for unlawful anti-terrorist sanctions: Full-text of judgment:
http://www.statewatch.org/news/2011/nov/ecj-sison-compensation-judgment.pdf

6. EU-ECJ: EU law precludes the imposition of an injunction by a national court which requires an internet service provider to install a filtering system with a view to preventing the illegal downloading of files (Press release):
http://www.statewatch.org/news/2011/nov/ecj-internet-filtering-judgment-prel.pdf

and Full-text of Opinion: http://www.statewatch.org/news/2011/nov/ecj-internet-filtering-judgment.pdf

7. EU-ECJ: DATA PROTECTION: Judgment:
http://www.statewatch.org/news/2011/nov/ecj-national-application-of-dp-judgment.pdf

8. France: Criticism of the law on immigration, integration and nationality of 16 July 2011:
http://www.statewatch.org/news/2011/nov/01france.htm

Cimade, a French migrant support organisation, has produced a critical analysis of the new immigration law entitled “law on immigration, integration and nationality” approved on 16 July 2011, which highlights that its key objectives are “surveillance, detention, expulsion and banning”.

9. France: Racial profiling and anti-poor byelaws: the French Human Rights League successfully challenges an anti-begging byelaw (link)
http://www.statewatch.org/news/2011/nov/01france-anti-begging.htm

10. EU: Council of the European Union: Dublin II early warning system, visa lists, European Investigation Order:

– Proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) – A process for early warning, preparedness and management of asylum crises: http://www.statewatch.org/news/2011/nov/eu-council-dublin-II-16782-11.pdf

– Proposal for a Directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer:
http://www.statewatch.org/news/2011/nov/eu-council-ict-16677-11.pdf

– Outcomes: Draft Regulation amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement:
http://www.statewatch.org/news/2011/nov/eu-council-visa-list-16220-11.pdf

– Presidency proposals on above. Note there are still over 40 Member State reservations:
http://www.statewatch.org/news/2011/nov/eu-council-visa-list-pres-ird-16711-11.pdf

– Initiative of Belgium, Bulgaria, Estonia, Spain, Austria, Slovenia and Sweden for a Directive regarding the European Investigation Order in criminal matters – Follow-up document of the meeting of the “Working Party on cooperation in criminal matters” on 14 November 2011 (23 pages):
http://www.statewatch.org/news/2011/nov/eu-council-eio-16943-11.pdf

11. EU: European Data Protection Supervisor (EDPS): EDPS calls for strengthening of proposed Regulation on the Internal Market Information System (Press release):
http://www.statewatch.org/news/2011/nov/eu-edps-int-market-prel.pdf

and Opinion: http://www.statewatch.org/news/2011/nov/eu-edps-int-market-opinion.pdf

“IMI is an online application that allows national, regional and local authorities in European Union Member States to communicate quickly and easily with their counterparts in other European countries…. The EDPS calls attention to two key challenges: the need to ensure consistency in the legal framework, while respecting diversity, and the need to balance flexibility and legal certainty.”

12. EU-ECHR ACCESSION: Council of the European Union: Friends of Presidency (FREMP) Accession of the EU to the ECHR: Working Document from the Presidency (DS 1675-11): http://www.statewatch.org/news/2011/nov/eu-council-echr-accession-fop-ds-1675-11.pdf

13: ITALY: Pro Asyl report: The Living Conditions of Refugees in Italy (link):
http://www.proasyl.de/fileadmin/fm-dam/q_PUBLIKATIONEN/2011/Italyreport_en_web_ENDVERSION.pdf

14. EU: Council of the European Union: Asylum Procedures Directive and Early Warning System:

– Amended proposal for a Directive on common procedures for granting and withdrawing international protection status (Recast) (158 pages, EU doc no: 12579, pdf) Over 250 Member State Reservations:
http://www.statewatch.org/news/2011/nov/eu-council-asylum-procedures-12579-11.pdf
 
– As above (162 pages, EU doc no: 15381, pdf). Still over 200 Member State reservations:
http://www.statewatch.org/news/2011/nov/eu-council-asylum-procedures-15381-11.pdf

– A process for early warning, preparedness and management of asylum crises/ Suggestions from the Presidency and the incoming DK Presidency:
http://www.statewatch.org/news/2011/nov/eu-council-early-warning-asylum-system-15055-11.pdf

15. EU: Council of the European Union: Schengen Information System/SIRENE: ARTICLE 96: Refusal of entry to third country nationals: Draft Council Conclusions on better use of SIS and SIRENE for the exchange of information on third-country nationals refused entry:
http://www.statewatch.org/news/2011/nov/eu-council-draft-concl-schengen-tnc-refusal-15156-11.pdf

These Draft Conclusions are based on this: Analysis of practical problems connected with alerts issued pursuant to Art. 96 of the CISA, i.e. reservations regarding aliens:
http://www.statewatch.org/news/2011/nov/eu-council-schengen-art-96-alerts-12528-rev2-11.pdf

The Analysis shows that just five Member States are responsible for 83% of the people listed to be refused entry: Italy 319,632 (45,147%), Germany 89,196 (12,599%), Greece 74,780 (10,563%), Spain 50,160 (7,085%) and France 49,583 (7,004%)

See also: Statewatch analysis: EU-SIS Schengen Information System Article 99 report: 33,541 people registered in SIS for surveillance and checks:
http://www.statewatch.org/analyses/no-67-sis-art99.pdf

17. UK: BORDER AGENCY: Glossary of Terms:
http://www.statewatch.org/news/2011/nov/uk-border-agency-glossary.pdf

and Intelligence sources and data protection:
http://www.statewatch.org/news/2011/nov/uk-intelligence-sources-imm.pdf

18. EU: IT AGENCY REGULATION: Regulation establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ): http://www.statewatch.org/news/2011/nov/eu-it-agency-reg-oj.pdf

19. EU: Council of the European Union: UPDATE: Statewatch Observatory: Proceedings of the Justice and Home Affairs Council, 1993 – present:
http://www.statewatch.org/observatories_files/jha_observatory/

20. EU: Council of the European Union: Transparency – Historical Overview (1992 – 2010). Useful summary of access to Council documents measures and court cases:
http://www.statewatch.org/news/2011/oct/eu-council-hist-trans.pdf

21. EU-UK: OPT-IN & OPT-OUT: Ministry of Justice: JHA (Title V) opt-in and Schengen opt-out decisions taken between 1 December 2009 and the present:
http://www.statewatch.org/news/2011/oct/uk-opt-in-and-opt-out.pdf

22. EU: Council of the European Union: Discussion paper on radicalisation:
http://www.statewatch.org/news/2011/oct/eu-council-radicalisation-14348-11.pdf

“As terrorism is often accompanied by political propaganda, it is also important to develop a positive counter narrative based on EU values such as the rule of law, fundamental rights, peace and liberty.”

23. EU: EU Annual Report on Human Rights and Democracy in the World in 2010 (250 pages):
http://www.statewatch.org/news/2011/oct/eu-council-hr-rep-2010-11501-rev1-11.pdf

24. EU: DATA PROTECTION: EDPS: Opinion of the European Data Protection Supervisor on the Proposal for a Regulation of the European Parliament and of the Council on European statistics on safety from crime: http://www.statewatch.org/news/2011/oct/eu-edps-crime-statistics-14481-11.pdf

25. EU: Solidarity Clause ? the way ahead? – Orientation debate on Art. 222 TFEU:
http://www.statewatch.org/news/2011/oct/eu-council-solidarity-clause-terr-14840-11.pdf

The obscure Solidarity Clause established by Article 222 TFEU commits the European Union and its Member States to act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. Its implementation begs the question, which body in the Council is responsible? Is it COSI (the Standing Committee on operational cooperation on internal security – Interior Ministries) or the PSC, the:Political and Security Committee (comprised of the Brussels-based high-level Permanent Representatives of Member States)? And can assistance involve not just Interior Ministry resources but also those of the Defence and Military ones and should these be under the direction of COSI or the PSC?

26. EU: Smart borders – Big brother border proposals with high costs are anything but smart (Green/EFA press release, link).
http://www.greens-efa.eu/smart-borders-4673.html

See: Communication: Smart borders – options and the way ahead:
http://www.statewatch.org/news/2011/oct/eu-com-smart-borders-com-680-11.pdf

27. EU: European Commission: 2010 Annual Report on the implementation of Regulation (EC) No. 300/2008 on common rules in the field of civil aviation security:
http://www.statewatch.org/news/2011/oct/eu-com-aviation-sec-report-com-649-11.pdf

28. UK: Home Office Statistical Bulletin: Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes and stops and searches:
http://www.statewatch.org/news/2011/oct/uk-ho-terr-act-2000-stats.pdf

“Port examinations under Schedule 7 Terrorism Act 2000: In 2010/11, 65,684 persons were stopped and examined in a border area in Great Britain under the powers under Schedule 7 Terrorism Act 2000. Of these, 2,288 persons were held for over one hour. “

29. UK: Home Affairs Select Committee report: New Landscape of Policing (352 pages):
http://www.statewatch.org/news/2011/oct/uk-hasc-new-landscape-policing.pdf

and Vol II: http://www.statewatch.org/news/2011/oct/uk-hasc-new-landscape-policing-vol-11.pdf

30. USA: Government Accountability Office (GAO) report: Progress Made and Challenges Remaining in Sharing Terrorism-Related Information:
http://www.statewatch.org/news/2011/oct/usa-gao-info-sharing-terr.pdf

31. EU-PNR: Council of the European Union: Senate of Netherlands’ reservation about the EU-PNR proposal and reply by the Commission: Proposal for a Directive on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime – Opinion on the application of the Principles of Subsidiarity and Proportionality: http://www.statewatch.org/news/2011/oct/eu-council-pnr-senate-neths-15402-11.pdf

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http://www.statewatch.org
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