Justice and Home Affairs


61 - 90 of 271
30 September 2010

While the EU has no explicit legal competence in the sphere of religion and the management of relations with faith communities, religious concerns have taken on increasing importance within the legal and institutional framework and policy discourses of the European Union in the last years. This paper provides an overview of how religion and issues of religious diversity are being framed and addressed in EU law and policy by undertaking a critical analysis of the ways in which EU law and policy deal with, engage and understand religion at the policy level of the European Commission.

29 September 2010

The summer of 2010 will long be remembered in Europe for what has become known as “l’affaire des Roms” in France. The case has revealed profound institutional tensions at EU level between the French government and the European Commission and the European Parliament. The political spectacle that has unfolded has only complicated and added confusion to the actual nature and relevance of the affair from an EU perspective.

13 July 2010

It is no longer sensible to regard biometrics as having neutral socio-economic, legal and political impacts. Newer generation biometrics are fluid and include behavioural and emotional data that can be combined with other data.

08 July 2010

This paper outlines the key changes brought about by the Lisbon Treaty for citizens of the Union. Among the most important is access to EU fundamental rights through the legal effect that has been given through the Lisbon Treaty to the EU Charter of Fundamental Rights. The three main consequences of this access to rights are:
• Citizens of the EU now have a Charter of Rights that is legally binding and which their state authorities must deliver in accordance with their duty of good faith to the EU;

15 June 2010

Notes:
What should be the future institutional configurations of the second generation of the EU’s Integrated Border Management strategy for the common external borders? The Stockholm Programme endorsed by the European Council on December 2009 and the European Commission’s action plan implementing it published in April 2010 have brought back to the EU policy agenda the feasibility of setting up a European system of border guards as a long-term policy vision.

14 June 2010

Profiling through predictive data mining is already a reality worldwide, including in the European Union. This modern technique relies on the massive processing of personal data in order to identify patterns that allow for the automatic categorisation of individuals. Yet no satisfactory debate is taking place on how the use of profiling in this particular area can encroach upon the fundamental rights and freedoms of individuals, argue the authors of this INEX Policy Brief.

10 June 2010

This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice.

07 June 2010

The proliferation of large-scale databases containing personal information, and the multiple uses to which they can be put, can be highly problematic from the perspective of fundamental rights and freedoms. This paper discusses two landmark decisions that illustrate some of the risks linked to these developments and point to a better framing of such practices: the Heinz Huber v. Germany judgement, from the European Court of Justice, and the S. and Marper v. United Kingdom ruling, from the European Court of Human Rights. The paper synthesises the lessons to be learnt from such decisions.

28 May 2010

The Stockholm Programme and the European Commission’s Action Plan implementing it have positioned the freedom, security and justice of ‘European citizens’ at the heart of the EU’s political agenda for the next five years. Yet, who are the ‘citizens’ about whom the Council and the European Commission are so interested? At first sight it would appear as if only those individuals holding the nationality of a member state would fall within this category.

27 May 2010

We live in a world where global data transfers are presented as a norm; just part of life. It is when the individual’s right to privacy is overridden by the state’s appreciation of a need to know about that individual that problems arise. In this Policy Brief of the Justice & Home Affairs INEX series, CEPS Senior Research Fellow Elspeth Guild considers such questions as: what are the principles of privacy? What is necessary in a democratic society and what is the role of supranational and national courts in determining the meaning of privacy, and for whom?

29 April 2010

Where is the fault line between law and politics in anti-terrorism measures? Clearly it is at the junction with individual rights. This paper examines the problem from the perspective of how the individual becomes visible as a rights holder and where. At stake is the organising principle of international relations and international law.
Elspeth Guild is Senior Research Fellow at CEPS and Jean Monnet ad personam Professor at Radboud University, Nijmegen. This paper was first presented at the International Studies Association Conference in New Orleans, 17-20 February 2010.

09 March 2010

This Policy Brief calls for a comprehensive understanding of the internal/external security landscape from an EU perspective. The expansion of activities and policies that favour a closed Union, with the extensive investment in counter-terrorism, has the potential of becoming counterproductive for the safety of EU citizens. The EU’s common foreign and security policy should instead focus on adopting an approach that is firmly in line with the principles of human security.

08 March 2010

Private security services are gaining importance in the general provision of security. This Policy Brief argues that what we are seeing is not simply the transfer of security functions or responsibilities from the public sector to the private sector, but an overall expansion in both private and public security. Against this background, the paper examines the provision of security as a commodity, which can give rise to different ethical dilemmas related to accountability, transparency and other issues of ‘good governance’.

26 February 2010

This paper examines the Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceeding in the EU that was adopted by the Council on 30 November 2009. It begins with a brief exposition of the general policy framework for understanding the Council’s Roadmap and its connection with the Stockholm Programme, subsequently adopted by the European Council of 10/11 December 2009, which spells out the policy priorities that will guide the EU’s AFSJ for the years 2010-14.

26 February 2010

In September 2007, the European Commission published a Communication on “Public-Private Dialogue in Security Research and Innovation”, purportedly to specify the guidelines, objectives and modalities for the relations between public and private actors in EU-funded security research schemes.

14 December 2009

IN:EX Policy Brief is the fourth in the series so far and focuses on Euro-Mediterranean relations in the field of security. It analyses the treatment given to the security agenda in the Barcelona Process, noting that regional conflicts have undermined the development of cooperation in this field and that the partners have opted for the more pragmatic approach of bilateral or sub-regional frameworks.

04 December 2009

Undocumented migrants are one of the most vulnerable groups in the EU. This report assesses the main findings and synergies of a selection of EU-funded research projects on irregular immigration and the status of undocumented migrants. It reveals that the results emanating from social science research contrast with the EU policy documents adopted in light of the forthcoming Stockholm Programme – the third multi-annual programme on an Area of Freedom, Security and Justice.

01 December 2009

There is very little information about or reflection upon the Mediterranean countries’ perspectives on EU security policies, concludes Pinar Bilgin of Bilkent University, Ankara, in this literature review of the ethical dimensions of the subject.  

26 November 2009

This literature review, by Jelle van Buuren of the Free University of Amsterdam, reveals that there is an academic void as far as ethics research into emergent hybrid and transnational security practices is concerned. Many factors and variables are at stake, and they mutually influence one another: security culture(s), leadership, training and education, social context, technological influences, security styles and ethical codes. The complexity of this hybrid and ethically blurred field has several implications for empirical research into the ethical values of security.

20 November 2009

Recent developments have shown that the EU’s border security policy is greatly influenced by the US. This influence simultaneously has implications for other EU policies, including those on data protection. This paper highlights that policy-making at the transatlantic level is increasingly taking place through informal networks, such as the High-Level Political Dialogue on Border and Transportation Security and the High-Level Contact Group on data protection, which allow US involvement in EU policy-making.

16 November 2009

The draft document of the Stockholm programme places considerable emphasis on technology in the context of the EU’s security policies. Among its most notable elements is the proposal to establish “an EU Information Management Strategy”. Despite an emphasis on citizens’ freedoms and rights, and on the protection of their personal data and privacy, the programme remains overtly oriented towards the reinforcement of the reliance on technology within the context of EU security policies, particularly computerised systems of information exchange and data processing.

13 November 2009

In December 2008, the EU Council adopted the so-called ‘Returns Directive’ with the aim of devising common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. Among its more controversial provisions are the exclusion of some irregular migrants from its scope, the possibility to detain a migrant for a period up to 18 months, the possibility of a re-entry ban into the EU for a period of 5 years and the chance to detain and return unaccompanied minors.

23 October 2009

This paper looks at the dynamics affecting the external dimensions of the EU’s labour immigration policy. It assesses the role and functions of mobility partnerships as a mechanism for governing circular migration schemes that allow the temporary movement of individuals for employment purposes between EU member states and non-EU countries.

23 October 2009

‘Civic integration’ programmes and tests for third-country nationals (TCNs) have increasingly become part of member states’ legislation implementing EC immigration law and the EU Framework on Integration. The civic dimension of integration consists of various programmes and tests requiring TCNs to demonstrate that they know and respect the receiving society’s history, institutions and values.

09 October 2009

Understanding the dynamics of the illiberal practices of liberal states is increasingly important in Europe today. This book examines the changing relationship between immigration, citizenship and integration in European and national arenas.

02 October 2009

The 21st century has brought new and challenging dimensions to our understanding of security and migration. The old Cold War framework of security as related to war and peace, international relations and foreign affairs has given way to a multiplicity of competing notions, including internal security, human security and even social security. At the same time, migration has become a hotly contested issue, characterised by an enormous difference of views and objectives.

22 September 2009

This report aims at providing an overview of the ways in which the link between the education and political participation of migrants and minorities is being developed by EU policy. The first legally binding, common instrument where this link appeared was adopted in 1977 (Council Directive 77/486/EEC on the education of children of migrant workers); yet according to the European Commission, it appears that its implementation, 30 years on, is still not satisfactory.

22 September 2009

According to the literature covering the impact of educational inclusion or exclusion of immigrants and ethnic minorities on their political participation, it appears that most authors take for granted that having been educated facilitates actions understood to fall within this scope. This report reveals that this stance is largely undermined, however, by the fact that the levels of opportunity for participation by these groups are legally limited.

21 September 2009

This paper was prepared as part of the INCLUD-ED Project, an Integrated Project of the 6th Framework Programme of the European Commission. Integrated Projects bring together the critical mass of activities and resources needed to achieve ambitious clearly defined scientific objectives and are expected to have a structuring effect on the fabric of European research. INCLUD-ED was the only project focused on compulsory education which was selected in the last Calls for Proposals of the 6th Framework Programme.

21 September 2009

This paper was prepared as part of the INCLUD-ED Project, an Integrated Project of the 6th Framework Programme of the European Commission. Integrated Projects bring together the critical mass of activities and resources needed to achieve ambitious clearly defined scientific objectives and are expected to have a structuring effect on the fabric of European research. INCLUD-ED was the only project focused on compulsory education which was selected in the last Calls for Proposals of the 6th Framework Programme.