Justice and Home Affairs

61 - 90 of 287
20 January 2011

This Policy Brief offers an analysis of European security practices vis-à-vis the Mediterranean in terms of their repercussions in the south and policy implications for the EU. The security practices of member states and the EU can be categorised under three policy areas: immigration control, counter-terrorism and democracy promotion. What follows is an analysis of the consequences of these practices in terms of their effects on individuals, societies and states in the south, and a discussion of the possible policy implications for the EU.

20 January 2011

Both the EU and the Gulf Cooperation Council (GCC) are major political and economic actors, and the development of strategic partnerships in selected areas between the regions is among the priorities on their respective agendas. The existence of complex visa policies and practices between the two regions, however, constitutes a fundamental barrier preventing the promotion of exchanges between these regions when encouraging people-to-people contacts, developing commercial relations or exchanging knowledge.

12 January 2011

The European Commission published in November 2010 a Communication aiming at putting the EU Internal Security Strategy (ISS) into action. The Communication envisages five key strategic objectives for the EU’s internal security: disrupt organised crime, prevent terrorism, raise levels of security in cyberspace, strengthen external borders management and increase the EU’s resilience to natural disasters.

22 November 2010

This paper examines the first deployment of the Rapid Border Intervention Teams (RABITs) to Greece’s external land border with Turkey on 2 November 2010. It argues that the sending of the RABITs to Greece reveals some of the core challenges inherent in Europe’s external border and asylum policies. Most importantly, it signals the limits of the principle of solidarity and fair-sharing of responsibility and the failure of the EU Dublin System.

05 November 2010

This working paper analyses the flow of Roma migrants, in particular asylum seekers, from the Czech Republic and Hungary to Canada in 1996–2010. Although the fate of the Roma is at the centre of events, statistics on asylum applications along with an interpretation of the history of migration issues, from the perspectives of both international relations and EU policy, illustrate the classical debate on state sovereignty versus universal or at least European solidarity. They reflect the debate on the binding human rights of fragile groups versus security preconditions and prejudices.

05 November 2010

In July 2009, Canada reintroduced the temporary visa requirement for nationals of the Czech Republic. Canadian authorities argued that it was necessary to limit the surge in asylum applications by Czech nationals of Roma origin who had been registered over the previous years. This is the first time that a country whose own nationals enjoy visa-free travel to the European Union has reintroduced visas for the nationals of an EU member state.

05 November 2010

This paper examines state protection as applied to the Roma minority group in the Czech Republic and the link to Roma refugee claimants in Canada. The paper traces measures implemented by the Czech national authorities to improve the situation of the Roma, but also continuing problems of discrimination and violence by state and non-state actors.

05 November 2010

Visa policy is one of the most important areas for contemporary public policy, touching on issues of mobility, citizenship, rights, and security. This paper argues that visa policy must: 1) be placed in a national, historical context, 2) be understood as part of a mobility regime that includes identity documents, passports, preclearance, and refugee status adjudication and 3) be analysed with a view to rights and responsibilities.

14 October 2010

The relationship between EU policy and the rights of undocumented migrants remains in tension. The status and treatment granted to undocumented migrants continues to be ‘invisible’ in EU policy strategies and responses. This is so despite the wide recognition and evidence of the vulnerability and insecurities these persons face in their access to fundamental rights.

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

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.