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UK-EU: BREXIT: The
joint technical note attached summarises the UK and EU positions
and compares them following the 2nd round of Art. 50 negotiations (pdf) Contains 4-column document: Comparison of EU/UK
positions on Citizens' Rights:
table summarises the UK and EU positions and compares them. Green
indicates convergence, red indicates divergence and yellow
indicates where further discussion is required to deepen understanding."
EU: Qualifications Directive: Council of the European Union:
for a Regulation on standards for the qualification of third-country
nationals or stateless persons as beneficiaries of international
protection... Mandate for negotiations with the European Parliament (LIMITE EU doc no: 10475-17,
pdf): Council's negotiating position with European Parliament
in trilogue despite the fact that:
main aspects of the proposal could not be agreed upon during
the discussions at the preparatory bodies level. Therefore,
the Presidency has prepared draft compromise solutions, which
take into account the different positions expressed by delegations
during the above discussions and which can be found in the Annex
to this Note. The changes in the text of the draft Regulation
as compared to the Commission proposal are indicated in bold
and deleted text is marked in [
Parliament draft orientation position (pdf)
Statewatch Analysis: The EU goes to war with
African elite (pdf): by Tony Bunyan
EU to target
African governments, officials and others with the threat to
refuse or delay visas to enforce its returns and readmission
EU starts setting out the consequences of non-cooperation
by agreeing Measures targeting the "elite" of
of the European Union: "Link
between return/readmission and visa policies" (RESTRICTED, EU doc no:
protests and EU warnings over attempt to bring judiciary under
The latest set
of measures going through the Polish legislature that would undermine
the independence of the judiciary and seperation of powers have
led to protests across Poland and warnings from the EU that it
will invoke the 'Article 7' procedure, which could ultimately
see Polish voting rights in the Council suspended.
UK-EU-BREXIT: House of Lords Select Committee report: Brexit:
the EU data protection package (pdf):
Government has said that it wants to maintain unhindered and
uninterrupted data flows with the EU post-Brexit. The Governments
White Paper on The United Kingdoms exit from and new partnership
with the European Union, says, for example, that the UK will
seek to maintain the stability of data transfers between the
EU, Member States and the UK.
We support this objective, but were struck by the lack of
detail on how the Government plans to deliver this outcome.
Our analysis suggests that the stakes are high, not least because
any post-Brexit arrangement that results in greater friction
around data transfers between the UK and the EU could present
a non-tariff trade barrier, putting the UK at a competitive disadvantage.
Any impediments to data flows post-Brexit could also hinder police
and security cooperation." [emphasis added]
Court of Justice of the European Union (CJEU): The
Commission cannot refuse access to written submissions of the
Member States held by it, on the sole ground that they are documents
relating to court proceedings (Press release, pdf):
Court of Justice confirms the judgment of the General Court holding
that the decision on such an application for access must be made
on the basis of the regulation concerning public access to documents
held by the European Parliament, the Council and the Commission."
writes: "The European Court of Justice (ECJ) in Luxembourg
today ruled in favour of the German civil liberties activist
and pirate party member Patrick Breyer (Commission vs. Breyer,
C-213/15 P): It ordered the Commission to give the press and
the public access to the pleadings exchanged in completed court
proceedings. In the present case Breyer successfully demanded
the Commission disclose Austrian pleadings concerning the non-transposition
of the controversial EU Data Retention Directive. However the
Court fined Breyer for publishing the written submissions in
his own case on his homepage....
confirms that the EU's judicial system is lacking transparency
and in urgent need of reform, comments Breyer. Since EU judges
appear to consider transparency in pending proceedings a threat,
the EU needs to revise the Court rules in accordance with those
applicable to the European Court of Human Rights. Indifferently
prohibiting parties from publishing pleadings &SHY; including
their oown &SHY; is inacceptable and endangers the freedom of
on rescue operations in the Mediterranean: Know Your Rights
"Is there a duty to rescue
Yes, there is. Maritime law and the Italian Constitution (Article
2) are based on cooperation which is a fundamental obligation.
International law (the Montego Bay Treaty and others, see glossary)
requires States to require any masters of ships flying their
national flag to fulfil their duty to give assistance to anyone
found to be in danger at sea, to inform the competent authorities,
to provide initial medical assistance to the persons rescued,
and to transfer the persons rescued to a place of safety (for
a definition of place of safety, see question 8)."
Smuggling Prosecutions Ruin Lives While Real Criminals Go Free (Refugees Deeply, link):
August 2015 and the end of July 2016, a total of 793 scafisti
were arrested, according to Italys interior ministry. This
is on top of the 1,511 arrested since 2013. Arresting migrant
pilots has been central to the approach of the Italian government,
with then prime minister Matteo Renzi boasting on Twitter in
April 2015: We have arrested 976 scafisti and rescued thousands
popular press paints them as ruthless criminals, the reality
of the scafisti is more nuanced. Stories like that of Yusuf are
gaps in the care of refugees in Greek hotspots; Vulnerability
assessment system is breaking down (Refugee Support Aegean, link):
the departure of Non-governmental organisations (NGOs), medical
and social services have seriously been minimised in the Registration
and Identification Centres (RIC), the so-called hotspots of the
Aegean. Ever since the needs of refugees are not being covered
effectively. Huge gaps have been observed concerning psychological
aid, and this in a period where the mental health of refugees
is deteriorating severely due to being stuck and under constant
threat to be readmitted to Turkey."
European Commission publishes Position Papers: Justice and Home
has published three Position papers on the effect of the UK's
withdrawal from the EU - whether or not these will be replaced
later is not known at this stage of the negotiations:
paper on Ongoing Police and Judicial Cooperation in Criminal
(12 July 2017, pdf)
paper on Ongoing Union Judicial and Administrative Procedures (12 July 2017, pdf)
paper transmitted to EU27 on Ongoing Police and Judicial Cooperation
in Criminal matters (28 June 2017, pdf)
crisis: latest news from across Europe (13-14.7.17)
UK-BREXIT: Repeal Bill :Summary
"factsheet" are here (link)
Full-text of the Repeal Bill (pdf)
Notes: EU withdrawal Bill (68 pages, pdf)
on delegated powers (pdf)
print of repeal bill creates unprecedented new powers for Brexit
(Politics.co.uk, link): "On the face of it, the repeal
bill addresses many of the concerns of its critics. But once
you dig in a little further, the full scale of the executive
power grab becomes clear. There has never been a piece of legislation
like this in modern British history. We have never handed the
government so much power. "
Union judicial and administrative proceedings Position paper (pdf): "Leaving
the EU will end the jurisdiction of the Court of Justice of the
European Union (CJEU) in the UK."
European Commission: Infringement
proceeding: Hungary & Spain: - Hungary:
Commission launches infringement procedure for law on foreign-funded
(pdf): "Infringements - Today, the European Commission
decided to send a letter of formal notice to Hungary for its
new law on foreign-funded NGOs adopted on 13 June.
law introduces new obligations for certain categories of NGOs
receiving annual foreign funding above HUF7.2 million (approx.
24,000) to register and label themselves in all their
publications, websites and press material as "organisations
supported from abroad", and to report specific information
about the funding they receive from abroad to the Hungarian authorities.
These organisations face sanctions if they fail to comply with
the new reporting and transparency obligations."
refers SPAIN to the Court of Justice of the EU for failure to
implement EU rules on whistle-blowers (pdf):
Directive is part of the Market Abuse rulebook and requires Member
States to establish effective mechanisms to enable
the reporting of infringements of the Market Abuse Regulation.
It contains provisions to protect those who report such infringements
and further specifies procedures to protect whistle-blowers and
reported persons, including follow-up arrangements on reports
by whistle-blowers and protection of personal data." See also: Proposed
law on whistleblowing and corruption is "perverse, megalomaniacal
and authoritarian" (Statewatch News)
SPECIAL: EU: Italy's proposed code of
conduct for Mediterranean NGOs "threatens life-saving operations"
The European Commission asked
Italy to draw up a "Code of Conduct" for NGOs carrying
out search and rescue in the Mediterranean: See full-text of:
of Conduct for NGOs involved in migrant's rescue operation at
sea (pdf). The organisation Human Rights at Sea
has said the proposed code "threatens life-saving search
and rescue operations".
All NGOs operating in the Med
are required to sign and obey the Code:
"Failure to sign
this Code of Conduct or failure to comply with its obligations
may result in the refusal by the Italian State to authorize the
access to national ports, subject to compliance with the existing
crisis: latest news from across Europe (8-12.7.17) including:Operation Sophia
is "a failed mission"; crowdfunded far-right boat heads
to sea; Prague says not to blame for not relocating refugees
'stuck and forgotten' in notorious camp on Lesbos (Sky News, link) "They
are tired of waiting for Greek authorities and the EU to decide
whether or not to take them in, with some there for a year."
See also: Lesvos
migrants clash with police (ekathimerini.com, link): "Frustrated
by poor living conditions at the overcrowded Moria reception
center on the eastern Aegean island of Lesvos, migrants clashed
with police Monday afternoon. The unrest was sparked during a
protest outside the so-called pre-departure center that operates
within the Moria camp aimed at drawing attention to the substandard
conditions that people are forced to endure while awaiting deportation
to Turkey. According to reports, police guarding the center came
under a hail of stones when they tried to secure the area and
responded with tear gas....."
want EU-wide "extremist" database after arrests, injuries,
protests and riots at "dystopian" Hamburg G20 summit
The G20 summit
in Hamburg, which was accompanied by "dystopian" security
measures including the deployment of Predator drones, robots
in the sewers, heavily militarised police and 'no-protest zones',
finished on Saturday following days of mass protests that continued
over the weekend. Dozens of protesters were injured and hundreds
arrested - although there are no official figures on how many
exactly - while numbers offered for the number of police officers
injured range from 200 to 500. The German justice minister, Heiko
Maas, is now leading calls for a "Europe-wide extremist
database" - which sounds similar to previous calls for EU-wide
databases on "troublemakers".
increase in police use of tasers against children
The number of
times police officers used taser electroshock weapons against
children increased by 25% across the UK in 2016 compared to 2015,
with 597 deployments as compared to 476 in the previous year.
Police are being equipped with an increasing number of more powerful
tasers following recent approvals by the Home Office and ongoing
police policy towards deployment of the weapons.
Justice and Home Affairs meeting: Migration, counter-terrorism and transnational
crime - Awaiting CJEU opinion
on PNR Canada scheduled for 26 July
by President Donald Tusk before the G20 summit in Hamburg, Germany (pdf):
Tusk is seeking
support to tackle "the unprecedented wave of illegal migration"
through "targeted UN sanctions against smugglers" in
north Africa. However, he notes that:
I have to say that today we do not have the full support even
for this minimum. If we do not get it, it will be a sad proof
of the hypocrisy of some of the G20 members..."
is because he refers to everyone arriving in the EU as "irregular
migrants" (who anyway have the right to claim asylum) and
not as refugees and migrants. He also refer only to "smuggling"
not trafficking - two legally distinct concepts.
crisis: latest news from across Europe (6-7.7.17)
Mediterranean: Death toll soars as EU turns its back on refugees
soaring death toll in the central Mediterranean and the horrific
abuses faced by thousands of refugees and migrants in Libyan
detention centres are clearly linked to failing EU policies,
said Amnesty International in a report published today.
A perfect storm: The failure of European
policies in the Central Mediterranean finds that by ceding
the lions share of responsibility for search and rescue
to NGOs and by increasing cooperation with the Libyan coastguard,
European governments are failing to prevent drownings and turning
a blind eye to abuse, including torture and rape.
meeting in Tallinn today are set to discuss new proposals that
will make a dire situation worse."
of the Council: Ministers
of Interior agree on more robust approach to migration pressure (press releaes, pdf)
Plan for Central Mediterranean: mandatory code of conduct for
NGOs, massive expansion of detention and hotspots in Italy
Commission has published an Action Plan containing a swathe of
measures "to support Italy, reduce pressure along the Central
Mediterranean Route and increase solidarity," in order to
try to address the "structural challenge" represented
by the "loss of life and continuing migratory flows of primarily
economic migrants on the Central Mediterranean route."
a proposal for Italy and the Commission to draw up a code of
conduct for NGOs conducting search and rescue missions, and demands
for Italy to massively increase the capacity of its hotspots
and its detention centres as well as extending the maximum period
of detention up to 18 months, the maximum allowed under EU law.
And see: Refugee
crisis: latest news from across Europe (5.7.17)
in the Balkans: Serbian government rejects EU's criminal immunity
The Serbian government
is not happy with EU proposals that Frontex teams would be able
to operate on its territory with total immunity from Serbian
law. After two rounds of talks between the EU and Serbia, the
text of a proposed agreement that would govern Frontex teams'
joint operations, "rapid border interventions" or return
operations in the Western Balkan country shows that the Serbian
side rejects the EU's proposal that "members of the team
shall enjoy immunity" from the administrative, civil and
criminal jurisdiction of the Republic of Serbia.
for researchers: Statewatch Analyses: 1999-ongoing
Borderline: The EU's New Border Surveillance Initiatives:
Assessing the Costs and Fundamental Rights Implications of EUROSUR
and the "Smart Borders" Proposals (pdf) A study by the
Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias
Vermeulen: "Unable to tackle the root of the problem,
the member states are upgrading the Unions external borders.
Such a highly parochial approach taken to a massive scale threatens
some of the EUs fundamental values - under the pretence
that ones own interests are at stake. Such an approach
borders on the inhumane."
How the EU works and justice and home
affairs decision-making (pdf)
20th Anniversary Conference, June 2011: Statewatch
'policy laundering' and the FATF - legalising surveillance, regulating
(pdf) by Ben Hayes
to EU decision-making and justice and home affairs after the
(pdf) by Steve Peers, Professor of Law, University of Essex,
with additional material by Tony Bunyan
Neoconopticon: the EU security-industrial
(pdf) by Ben Hayes
The Shape of Things to Come (pdf) by Tony Bunyan
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