Justice and Home Affairs

61 - 90 of 298
17 June 2011

This Policy Brief is based on a case study conducted within Work Package 1 of the INEX project on the development of the Schengen Information System II (SIS II), as set out in the author’s earlier working document, “The Difficult Road to the Schengen Information System II: The Legacy of ‘Laboratories’ and the Cost for Fundamental Rights and the Rule of Law”.

17 June 2011

This study contrasts the current role of customs at the EU’s external borders with the role it was intended to perform according to international standards in border management. There is a considerable imbalance between the involvement of customs and border guards, which impedes the smooth operation of border control and poses security risks for the Union and its citizens, including terrorist attacks. This paper analyses the causes of this imbalance and proposes appropriate solutions that are in line with international standards.

17 June 2011

In February 2011, the European Commission published a proposal for a new Directive on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crimes. This proposal replaces an earlier draft of 2007 for a Framework Decision on the use of PNR data for law enforcement purposes. The new proposal does not seem to allay the earlier concerns of important stakeholders with regard to the 2007 proposal.

16 June 2011

This Liberty & Security paper argues that for the EU’s Global Approach to Migration to address its unfinished elements and policy incoherencies, the European Union needs to develop common policy strategies focused on: first, new enforcement and independent evaluation mechanisms on the implementation of the European law on free movement, borders and migration, and the compatibility of EU member states and EU agencies’ actions with the EU Charter of Fundamental Rights.

14 June 2011

There is no doubt that EU measures on the automated processing of data on individuals have an impact on fundamental rights. But which fundamental rights are more deeply affected by them? And how should these rights be safeguarded to ensure the effective protection of individuals and democratic societies? This Policy Brief highlights a series of elements that are critical to addressing the legal dilemmas arising in this area and puts forward recommendations based on research undertaken for the INEX project (Work Package 2).

29 April 2011

In April 2011, France reintroduced internal border checks with Italy to prevent mobility by North African immigrants who hold temporary residence permits issued by Italy and who had entered the EU from Tunisia as a result of revolutions and war in the southern Mediterranean region. This has caused a diplomatic row between the two countries and provoked strong reactions other EU member states and at EU level. This paper examines the compatibility of the Italian and French measures with EU border legislation and legal principles as well as the foundations of the Schengen regime.

04 April 2011

This Liberty and Security working paper seeks to understand the reasons behind the considerable complications facing the project to develop a new, second generation version of the Schengen Information System (SIS II). Despite the centrality of this large-scale EU database for immigration and border control purposes and the increasing prioritisation of security technologies within the EU’s internal security strategy, the project has encountered substantial delays, an escalating budget, political crises and criticisms of the new system’s potential impact on fundamental rights.

09 February 2011

Labour migration has been on the agenda of many countries around the globe at the same time as governments of both sending and receiving countries have been trying to develop regulatory mechanisms. This book opens the debate on the global politics of labour migration by proposing a re-assessment of the interaction between states regarding labour migration.

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.