External Expertise for the European Parliament on Justice and Home Affairs Issues

January 2010 - December 2014

Framework contract to provide the LIBE Committee of the European Parliament with external expertise in the field of justice and home affairs as well as the evaluation of the impact assessments made by the European Commission on its legislative proposals and the realisation of impact assessments of its substantive amendments to the European Commission's proposals.

CEPS is involved in the following lots: ‘Regular overview of the development of the area on freedom, security and justice’; ‘Police and judicial cooperation in criminal matters and data protection’ (both together with the Centre d’Etudes sur les Conflits); ‘Respect and promotion of fundamental rights, citizenship and combating discrimination’; ‘Asylum’; ‘Immigration, integration and management of the EU’s external borders’;

Lot 2. Respect and promotion of fundamental rights, citizenship and combating discrimination

Implementation of the EU Charter of Fundamental Rights and its Impact on EU Home Affairs Agencies
This study sets out to examine the impact and implementation of the EU Charter of Fundamental Rights with respect to three EU Home Affairs agencies: Frontex, Europol and EASO. It assesses the relevance of the EU Charter when evaluating the mandates, legal competences and practices of these agencies, particularly in the fields of external border control and the management of migration.
After identifying specific fundamental rights guaranteed in the EU Charter that are potentially put at risk by the actions of these three agencies, and judicial obstacles that prevent individuals from obtaining effective legal remedies in cases of alleged fundamental rights violations, we present a set of policy recommendations for the European and national parliaments.
Funded by: European Parliament, DG Internal Policies of the Union
Period: May – June 2011

Lot 4. Immigration, Integration and Management of the EU’s External Borders

Readmission Policy in the European Union: Drivers and implications for human rights observance
This study sets out to explain the drivers shaping cooperative patterns on the readmission of unauthorised third-country nationals, whether at bilateral or EU level. It lays emphasis on the existence of a predominant bilateral readmission system in which EU agreements are inextricably embedded. As a result of the entry into force of the Treaty of Lisbon, the reinforced political control of the European Parliament calls for an analysis of this system and of its implications for human rights observance.
Funded by: European Parliament, DG Internal Policies of the Union
Period: July – October 2010

LOT 5. Police and Judicial Cooperation In Criminal Matters and Data Protection

Customs Cooperation in the Area of Freedom, Security and Justice: The role of customs in the management of the external border of the EU
This study contrasts the current role of customs at the external borders with what it is supposed to be like. The considerable imbalance we encounter between the involvement of customs and border guards impedes the smooth operation of border control and poses security risks for the Union and its citizens, including terrorist attacks. This study analyses the causes of this imbalance and proposes appropriate solutions in line with international standards.
Funded by: European Parliament, DG Internal Policies of the Union
Period: December 2010 to March 2011

Developing an EU internal security strategy, Fighting terrorism and organised crime
The present study examines the steps taken since the entry into force of the Lisbon Treaty in the field of internal security and assesses commitments made in the areas of fundamental rights and civil liberties. It surveys the drafting of the Internal Security Strategy. It also investigates the activities of the main EU agencies involved in internal security policies. It finally sketches out the key challenges lying ahead for EU internal security policies, with particular consideration for the role that the European Parliament will be called to play.
Funded by: European Parliament, DG Internal Policies of the Union
Period: November 2010 – November 2011

Review of the EU legal framework for data protection and privacy
The study will provide the LIBE Committee with up to date background information on the ongoing discussions and activities concerning the review of the existing EU legislation on the protection of personal data and privacy, especially taking into account the forthcoming proposals of the European Commission on this matter.
The study will provide useful recommendations for possible future activities of the LIBE Committee on this sensitive issue, also in the perspective of increased powers of the European Parliament under the Lisbon Treaty, while also taking into account the implementation of the Stockholm Programme and of its Action Plan.

The study will address new challenges of our modern society, such as privacy protection online, access to the internet, video surveillance, radio frequency identification tags, behavioural advertising, search engines and social networks.

The study will also make reference to the resolutions adopted in the field of data protection by the European Parliament, which has always insisted on the need to keep a balanced approach between enhancing security and safeguarding data protection.
Funded by: European Parliament, DG Internal Policies of the Union
Period: October 2010 to September 2011

International organised crime in the European Union
Day-to-day policing on the ‘ground’ is ‘full spectrum policing’ and encompasses activities ranging from social service to the response to the most serious forms of crime. Nonetheless, police activities at the European level primarily focus on the high profile of organised criminality that the official assessments substantially mirror. If crime is often claimed as being organised and of international reach, the social-structural characteristics that open to criminal activities provide better indicators as to the breadth and depth of these phenomenon.
Funded by: European Parliament, DG Internal Policies of the Union
Period: May – July 2011

The Council Framework Decision on the Fight against Organised Crime: What can be done to strengthen EU legislation in the field?
The 2008 Framework Decision on the fight against organised crime provides a sophisticated framework of criminalisation on participation in a criminal organisation. However, it requires improvement both in terms of legal certainty and its scope, and in terms of the level of harmonisation it achieves. The Framework Decision is drafted in broad and vague terms which may lead to overcriminalisation. A greater degree of harmonisation is necessary not only to ensure a level playing field among Member States, but also to facilitate the operation of other elements of European criminal law. The Lisbon Treaty includes a number of provisions which may serve as legal bases for the further development of the law in the field. Any new proposal should be based on a thorough evaluation of the implementation of the 2008 Framework Decision by Member States and of the interpretation of the relevant concepts by national courts.
Funded by: European Parliament, DG Internal Policies of the Union
Period: May – July 2011


Funding source: European Parliament, DG Internal Policies of the Union