WHY CAN WE NOT SEE THE FUTURE? BECAUSE IT’S THE PAST, GONE AND BURIED? MAYBE IT’S RIGHT BEFORE OUR EYES IF WE LOOK?
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US – The Committee
EU- The Consilium
The Council of the European Union is the principal decision making institution in the European Union (EU). It is often informally called the Council of Ministers or just the Council, the name used in the treaties; it is also called Consilium as a Latin-language compromise. Within the competencies of the Community pillar, it is the more powerful of the two legislative chambers, the other being the European Parliament. This Council should be distinguished from the European Council, which is an assembly of EU heads of state or government, and the Council of Europe, which is a non-EU organisation of 47 states.
EU-GENISIS 6 FRONTEX1. EU: Welcome to the new world of the interception of telecommunications:
http://www.statewatch.org/news/2011/may/03eu-interception.htm– under the new forms of interception Member States simply authorise themselves
– Italian government survey response: “it is probably possible that the telecommunications are in a way “deviated” to the requesting state without listening in Italy.”
– “the legal framework with respect to transnational searches of such devices is not well-developed.” (EU-G6 Interior Ministers) 2. EU: Council of the European Union: Latest draft Conclusions: Charter of Fundamental Rights of the European Union:
http://www.statewatch.org/news/2011/may/eu-council-draft-concl-charter-fr-9008-rev1-11.pdf3. EU: European Commission: Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments (SEC 567):
4. EU: European Investigation Order (EIO): Council of the European Union: Proposals of Presidency – grounds for refusal to execute (EU doc no: 9500-11)
Proposals of Presidency – costs and remedies (EU doc no: 9499): http://www.statewatch.org/news/2011/may/eu-council-eio-9499-11.pdf
And see Statewatch Observatory on the EIO: http://www.statewatch.org/Targeted-issues/EIO/eio-observatory.htm
5. EU: Statewatch Analysis: Commission Communication on migration: Adapting the Schengen Border Code by Chris Jones:
On 4th May 2011, the European Commission published a new Communication on Migration. In light of the on-going political turmoil in North Africa and the subsequent impact on southern EU member states – notably Italy and Malta – the Communication outlines current and future proposals with regard to migration issues. However, it is not limited to policy areas affected by the situation in North Africa, and is in fact a vehicle for demanding a range of political and institutional changes at both EU and Member State level.
6. EU: ACCESS TO DOCUMENTS: Council of the European Union: Public access to documents – Confirmatory application No 09/c/01/11:
A perverse decision by the Council to refuse access to the Opinion of the Council Legal Services concerning the Council’s use of powers under the Comitology Regulation (implementation). Four Member States – Denmark, Finland, Netherlands and Sweden voted against the refusal of access to the document as it “does not contain particularly sensitive information” and they did not agree with “the interpretation of the Turco case-law”.
7. EU: Statewatch Analysis: The effects of security policies on rights and liberties in the European Union, and their export beyond the EU’s borders by Yasha Maccanico:
Far-reaching analysis: 1) The introduction of the so-called “security package” in Italy, which institutionalises discrimination as a general rule; 2) Exceptional practices to counter terrorism in UK and exception turned into routine in the functioning of Italian courts; 3) The criminalisation of behaviour that is not criminal per se; 4) The state of emergency declared in France when there were disturbances in the banlieues [suburbs]; 5) Identification of problem groups and introduction of norms against them; 6) Events in the Spanish north African enclave of Ceuta in northern Morocco; 7) Subcontracting border controls, detention and returns
8. EU: FRONTEX: FUNDAMENTAL HUMAN RIGHTS: Latest Council position on amending the Frontex Regulation: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (EU doc no: 9342-11): http://www.statewatch.org/news/2011/may/eu-council-frontex-9342-11.pdf
Fundamental rights: The Civil Liberties Committee (LIBE) of the European Parliament proposed that an Advisory Board on Fundamental Rights should be created “positioned above the Agency” (emphasis added). At the meeting of the Council’s Working Party on Frontiers (comprising representatives of Member State delegations): “no delegation could accept the proposal”. Instead the Council is proposing: 1) that Frontex should “further develop” its Fundamental Rights Strategy” (drawn up and agreed by Frontex); 2) a Consultative Forum should be set up whose composition would be decided by Frontex; and 3) A Fundamental Rights Officer, through open competition, appointed by Frontex.
Tony Bunyan, Statewatch Director, comments: “The Council’s proposals on ensuring fundamental rights are respected in all Frontex activities are utterly toothless and provide a fig-leaf of accountability. Frontex, like now, would remain a law unto itself.”
9. EU-PNR: Council of the European Union: Latest draft of the Council’s position: now includes “intra-EU flights” (between Member States) as well as flights in and out of the EU: Proposal for a Directive of the Council and the European Parliament on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime: http://www.statewatch.org/news/2011/may/eu-council-eu-pnr-8458-11.pdf
10. EU-USA: US Congressional Research Service: US-EU Cooperation Against Terrorism:
11. EU: Historical documents: Council of the European Union: Member State national answers to: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area (EU doc no: 8552/09, April 2009:
plus: Responses from France, Cyprus and Finland (8552/09 ADD 1):
Responses from Bulgaria, France, Italy, Portugal, Iceland and Norway (8552/09 ADD 2):
and Response from Greece (8552/09 ADD 3):
12. GREECE: NGO “AITIMA”: Asylum seekers are put in jail!
“The police authorities, punishing with imprisonment everyone who is trying to practice his/her right to apply for asylum, are basically demolishing such entitlement. This practice is a cruel violation of human rights of the refugees. The rights of the refugees are ratified in the international conventions and therefore compel our country.”
13. Council of Europe: Parliamentary Assembly: Committee on Legal Affairs and Human Rights: An overview of work of the Committee on Legal Affairs and Human Rights on issues relating to human rights and terrorism:
14. EU: MANDATORY DATA RETENTION OF TELECOMMUNICATIONS: Council of the European Union: Report from the Commission to the Council and the European Parliament Evaluation report on the Data Retention Directive (Directive 2006/24/EC) – Discussion paper:
Tony Bunyan, Statewatch Director, comments: “The Council’s Discussion Paper raises fundamental issues about the legality of Member States continuing to to gather and retain details of all communications under the Directive.”
15. EU: Historical documents: EU-USA: TFTP/SWIFT Agreement:
– Summary of the First Annual Report on the processing of EU originating personal data held by the US Treasury Department for Counter Terrorism purposes: Terrorist Finance Tracking Programme, December 2008, Judge Jean-Louis Bruguiere:
– Second Report on the processing of EU-originating personal data by the US Treasury Department for counter-terrorism purposes: Terrorist Finance Tracking Programme, January 2010 by Judge Jean-Louis Bruguiere:
– Negotiating directives for negotiations between the European Union and the United States of America for an international agreement to make available to the United States Treasury Department financial payment messaging data to prevent and combat terrorism and terrorist financing (23.7.09):
16. ECJ: European Court of Justice judgment: Italy told it cannot send a person to prison because they are unable to remove them from the country: The Directive on the return of illegal immigrants precludes national rules imposing a prison term on an illegally staying third-country national who does not comply with an order to leave the national territory (Press release): http://www.statewatch.org/news/2011/apr/ecj-dridi-press-rel.pdf
and Full-text of judgment: http://www.statewatch.org/news/2011/apr/ecj-dridi-judgment.pdf
17. EU: FRONTEX: Multicolumn document on the Trilogue discussions between the Council and the European Parliament: Proposal for a Regulation of amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (EU doc no: 9431/11, 20.4.11, 131 pages):
18. EU: LIST OF TRAVEL DOCUMENTS: Multicolumn document on the Trilogue discussions between the Council and the European Parliament: Draft Decision on the list of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list:
19. EU: RIGHT TO INFORMATION IN CRIMINAL PROCEEDING: Multicolumn document on the Trilogue discussions between the Council and the European Parliament: Proposal for a Directive of the European Parliament and of the Council on the right to information in criminal proceedings Trilogue 18 April 2011 Comparative table:
See also: European Parliament: Proposal to the Shadow Rapporteurs for the EP’s position in view of the 2nd Trilogue:
and State of Play after the 1st Trilogue: http://www.statewatch.org/news/2011/apr/eu-ep-note-right-to-info-crim-proced-trilogue-state-of-play-5-apr-11.pdf
20. EU: European Investigation Order (EIO): Proposed Directive regarding the European Investigation Order in criminal matters – Follow-up document of the meetings of the Working Party on 7-8 February 2011, 8 March 2011 and 1 April 2011 (with Member State positions):
21. EU: SCHENGEN: France and Italy propose reform of EU border rules: Full-text of letter to the Council and Commission (French):
22. EU: Mandatory data retention: Press release by the German Working Group on Data Retention (AK Vorrat), Impossible to Ensure Legality of EU Communications Data Retention Directive Says German Parliament: http://www.statewatch.org/news/2011/apr/eu-mand-ret-wp-on-dp-prel.pdf
23. EU: Council of the European Union:
– Final report and recommendations of Project Group “Measure 6″ (EU doc no: 7942 rev 1): “29 measures for reinforcing the protection of external borders and combating illegal immigration (6975/10), the Project Group on Measure 6 has produced its final report.”:
– Information Management Strategy for EU internal security: Draft interim report on the Implementation of the 1st Action List:
– Draft Council Conclusion on enhancing the links between internal and external aspects of counter-terrorism: