Statewatch News Online11 May 2012 (10/12)

11 May 2012 — http://www.statewatch.org/ – e-mail: office@statewatch.org

1.    EU: ACCESS TO EU DOCUMENTS: Presidency criticised: Even worse than the Commission
2.    EU: Visits campaign : Obstacles to the right to know: Migrant Camps in Europe
3.    EU-EAW: Council: practical operation of the European arrest warrant – Year 2011
4.    EU: AI and ECRE Letter on behalf on 166 NGOs:Appeal to EU institutions
5.    EU-ECJ: SCHENGEN BORDERS CODE: ECJ General Advocate’s opinion on sea surveillance
6.    EU: Updated: Statewatch JUstice and Home Affairs “e-library” archive (1976 – 2000)
7.    EUROPOL: LEGAL BASIS: Commission note on meeting with the LIBE Committee in the European Parliament
8.    EU-ACTA: European Parliament: LIBE Committee: Draft Opinion
9.    ECJ: ACCESS TO DOCUMENTS: General Court ruling on In ‘t Veld vs Council strengthens transparency in EU
10.  EU austerity is feeding racism, report
11.  EU: European Commission: Security Research: Protecting Europe’s homeland and its future
12.  EU-SIS II: European Commission: Schengen Information System (SIS 1+) to the second generation Schengen
13.  EU: EP: Orientation Vote Result: listing the third countries whose nationals must be in possession of visas
14,  EU: Council/Mixed Committee: EU Action on Migratory Pressures
15,  EU: Council of the European Union: standards for the reception of asylum seekers
16.  EU: Council of the European Union: procedures for granting and withdrawing international protection status
17.  UK right not to adopt EU justice measure, Lords committee
18.  A. Sivanandan’s ‘From resistance to rebellion’
19.  ECCHR-UN: ECCHR succeed in removing client from the UN Security Council 1267 Al-Qaida blacklist

1.  EU: ACCESS TO EU DOCUMENTS: Presidency criticised: Even worse than the Commission: The Danish EU-presidency has failed to unite member states on new access rules for the EU-institutions. Sweden, Finland and possibly others will refuse to back a mandate to negotiate a new regulation (Wobbing.eu,link)
http://www.wobbing.eu/news/presidency-criticised-%E2%80%9Deven-worse-commission%E2%80%9D

“Its no secrecy that member states have different opinions on access rules. But now the split comes out in the open. Swedish minister of justice Beatrice Ask (conservative) has instructed the Swedish EU-ambassador not to endorse a negotiating mandate proposed by the Danish presidency. 

Minister Ask explains why in a comment to this website: ”If the mandate would give space for improved openness I would be the first to vote yes, but I believe that would be wishful thinking as things stand right now. The mandate will pull in the opposite direction, and there is even a risk that it is worse than the Commission’s proposal from 2008.”

2.  EU: Visits campaign : Obstacles to the right to know: Migrant Camps in Europe : Open the doors ! We the right to know ! (link):
http://www.migreurop.org/article2124.html?lang=fr

“The reality of administrative detention of foreigners, a familiar instrument of European migration policies, is hidden from civil society and to the media. Such secrecy makes abuses and attacks on human rights both more likely and harder to combat [1]. European citizens have the right to know the consequences of the policies which are put in place in their names.”

3.  EU-EAW: Council of the European Union: Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant – Year 2011. A strange report for the use of EAWs in 2011 which shows that only 5 out of 27 Member States have responded to the annual report. It shows that these five Member Sates have issued over 3,000 EAWs with Germany responsible for 70%:
012/may/eu-council-eaw-stats-11-9200-12.pdf

4.  EU: Amnesty International and European Council on Refugees and Exiles (ECRE) Letter on behalf on 166 NGOs:Appeal to EU institutions: Ensure respect for asylum-seekers’ right to liberty in recast reception conditions Directive and Dublin Regulation
012/may/eu-ngo-not-crossing-red-lines-letter.pdf

and Not crossing red line: A negotiators’ checklist on minimum detention safeguards: 
012/may/eu-ngo-not-crossing-red-lines.pdf

5.  EU-ECJ: SCHENGEN BORDERS CODE: ECJ General Advocate’s opinion on sea surveillance and the Schengen Borders Code: reasserting the Parliament’s legislative role, re-opening the Frontex debate?: 012/may/ecj-schengen-borders.pdf

012 recommended that the Council’s decision amending the Schengen Borders Code (SBC) for it to cover and regulate EU’s surveillance at sea external borders should be annulled. In July 2010, the European Parliament had lodged an action for annulment before the European Court of Justice against Council Decision 2010/252 supplementing the Schengen Borders Code. It was argued that the Decision was illegal because the followed procedure to adopt it (comitology procedure) was not appropriate given the impact the contested decision had on the SBC and on Frontex Regulation.”

6.  EU: Updated: Statewatch European Monitoring and Documentation Centre (SEMDOC) Justice and Home Affairs “e-library” archive (1976 – 2000): Weekly Highlighted documents: http://www.statewatch.org/semdoc/index.php?id=1152

Search JHA archive – EU Justice and Home Affairs documents from 1976-2000: (currently holds 5,846 documents)
http://www.statewatch.org/semdoc/index.php?id=1143

7.  EUROPOL: LEGAL BASIS: Commission note on meeting with the LIBE Committee in the European Parliament: Summary report of discussions between the Directorate General for Home Affairs, with representatives of national parliaments and of the LIBE Committee on the revision of Europol legal basis
012/may/eu-com-note-europol-legal-basis-meeting-libe.pdf

and see also: Commission document: Revision of Europol’s legal basis: 
012/apr/eu-com-europol-legal-basis-8261-12.pdf

8.  EU-ACTA: European Parliament: LIBE Committee: Draft Opinion: on the compatibility 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 with the rights enshrined in the Charter of Fundamental Rights of the European Union:
012/may/ep-acta-draft-opinion-libe.pdf

European Commission written response: 012/may/eu-com-reponse-edps-acta.pdf 
to:  on ACTA to the Opinion of the European Data Protection Supervisor: European Data Protection Supervisor Opinion on the Anti-Counterfeiting Trade Agreement: 
012/apr/eu-dps-opinion-acta.pdf
 
9.  ECJ: ACCESS TO DOCUMENTS: Press release: General Court ruling on In ‘t Veld vs Council strengthens transparency in EU:
012/may/ecj-ag-opinion-veld-prel.pdf

“Sophie in ‘t Veld, MEP (ALDE, NL), welcomes today’s ruling of the General Court of the EU on her request for access to the opinion of the Council Legal Service on the so called EUUS ‘Swift agreement’ on the transfer of bank data. “I am pleased the Court largely supported our claim, and puts the interest of the citizen before institutional interests. The Council will have to publish the document, with the exception only of those parts that could reveal the directives that might reveal the strategic objectives pursued by the EU in the negotiations, or the specific content of the agreement envisaged. It is a step forward for transparency in Europe, that the General Court makes it clear that negotiations on international agreements are not automatically exempt from EU transparency rules”.

and European Court of Justice: Advocate General Opinion: Full-text: Sophie in ’t Veld v Council of the European Union: 
012/may/ecj-ag-opinion-veld-int-rel.pdf

10.  EU austerity is feeding racism, report says (euobserver, link): “EU austerity measures are helping to feed racism and intolerance, according to a report by the Strasbourg-based human rights watchdog, the Council of Europe.” 
http://euobserver.com/851/116123

See: ECRI Annual Report: 012/may/coe-ecri-annual-report-2011.pdf

11.  EU: European Commission: Security Research: Protecting Europe’s homeland and its future: 
012/may/eu-com-homeland-security.pdf

and see: NeoConOpticon – The EU Security-Industrial Complex by Ben Hayes: 
http://www.statewatch.org/analyses/neoconopticon-report.pdf

12. EU-SIS II: European Commission: Proposal for a Council Regulation on migration from the Schengen Information System (SIS 1+) to the second generation Schengen 
Information System (SIS II) (recast): 
012/may/eu-com-sis-I-to-sis-II-com-81-12.pdf

13.  EU: European Parliament: Orientation Vote Result: on the proposal for a 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 (pdf): Vote on the EP‘s negotiating position before entering trilogue with the Council.
012/may/ep-orientation-vote-on-visa-list.pdf

And EIO: Draft Report: on the adoption of a Directive regarding the European Investigation Order in criminal matters: 
012/may/ep-eio-draft-report.pdf

see: Statewatch: Analysis: Update The Proposed European Investigation Order: 
http://www.statewatch.org/analyses/no-112-eu-eio-update.pdf

14,  EU: Council of the European Union/Mixed Committee: EU Action on Migratory Pressures – A Strategic Response (Council doc: 8714-rev1-12, 22 pages) Pages 4-22 contain detailed Action Plan: 012/apr/eu-council-actuion-plan-migratory-pressure-8714-rev1-12.pdf

15, EU: Council of the European Union: Amended proposal for a Directive laying down standards for the reception of asylum seekers – Examination of text of European Parliament in view of first informal trilogue (130 pages, pdf) Useful 4-column documents showing the Commission proposal, the European Parliament and Council positions and the outcome of the so-called “informal”, secret, trilogue on 23 April 2012:
012/apr/eu-council-reception-dir-4-col-trilogue-9021-12.pdf .

16.  EU: Council of the European Union:

– Council position discussions: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) (pdf) Still over 200 Member States reservations
012/apr/eu-council-reception-dir-8958-12.pdf

– Council position discussions in the Mixed Committee: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (pdf) With Member State positions.
012/apr/eu-council-eurosur-reg-8824-12.pdf

17. UK right not to adopt EU justice measure, Lords committee says (Law Society Gazette, link)
http://www.lawgazette.co.uk/news/uk-right-not-adopt-eu-justice-measure-lords-committee-says

and see Select Committee report: The European Union’s Policy on Criminal Procedure:
012/apr/eu-uk-hol-select-criminal-procedure.pdf

18.  A. Sivanandan’s ‘From resistance to rebellion’ (link): 
http://rac.sagepub.com/content/23/2-3/111.full.pdf+html

19. ECCHR-UN: European Centre for Constitutional and Human Rights: ECCHR succeed in removing client from the UN Security Council 1267 Al-Qaida blacklist (pdf):
“Berlin, 8 May 2012 – The United Nations Security Council 1267 Sanctions Committee yesterday formally announced the removal of one of ECCHR’s clients (Mr Kamel Darraji) from the Al-Qaida terrorism blacklist. He had been kept on the list (at the request of the Italian and US governments) for almost eight years, on the basis that he was allegedly “associated with” an Italian Al-Qaida terrorist cell – an allegation that Mr Darraji has consistently denied.”
012/may/ecchr-un-list-prel.pdf

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