Archive
Human rights violations at Spain’s southern border: steps towards restoring legality by Chris Jones
In mid-August 2014, a group of around 80 people attempted to enter Melilla, a Spanish enclave in North Africa, by climbing the three razor-wire topped fences that divide the territory from Morocco. The majority remained balanced atop a fence for around nine hours while some held onto their perches for up to 16 hours, “despite the suffocating heat and the lack of food and water,” as one news report noted at the time. But regardless of how long they held on, as soon as they came down from the fence they were all returned to Morocco by officers from Spain’s Guardia Civil. Read More
The widespread impunity over migrant deaths by Ana González-Páramo
Ten million stateless people wander or barely survive around the world without nationality, rights or basic freedoms. Another 65 million have been forced to leave their homes, including more than 22 million refugees, the equivalent of half the population of a country like Spain. About 244 million migrants risk their lives in search of a better future in other countries on a life-threatening journey, often facing inhumane conditions, illegal detentions, sexual assaults, violence, slavery or kidnappings. Sometimes, the journey turns out to be the final one. Read More
A Pyrrhic victory? The ECJ upholds the EU law on relocation of asylum-seekers by Steve Peers
How should the EU deal with the perceived ‘migrant/refugee crisis’? It has done a number of things, but back in September 2015, when the numbers of arrivals were peaking, it did something truly remarkable – requiring Member States to relocate 160,000 asylum-seekers from the ‘frontline’ states of Italy and Greece, which were bearing most of the burden of new arrivals.... Read More
Policing the internet: how Europol takes action against undesirable content online by Kilian Vieth
Europol removes content from the internet. This approach goes beyond regular measures in the fight against terrorism propaganda and mixes police work and media regulation. Should a police agency be responsible for the surveillance and control of Facebook posts and tweets? Read More
Counter-terrorism and the inflation of EU databases by Heiner Busch and Matthias Monroy
The topic of counter-terrorism in Europe remains closely linked to the development and expansion of police (and secret service) databases. This was the case in the 1970s, after 11 September 2001 and has also been the case since 2014, when the EU Member States started working on their action plans against 'foreign terrorist fighters'. Read More
Who drives EU counter-terrorism? On the legislation of the European Union by Heiner Busch and Matthias Monroy
The formal process of developing and implementing EU counter-terrorism law and policy begins with the heads of government, in the European Council, setting out strategic guidelines. Thereafter, the Commission produces proposals for laws and policies that are discussed by the Council of the EU (made up of government officials) and the Parliament. However, this formal task-sharing between the institutions of the EU does not say much about the power relations and impulses surrounding counter-terrorism policy. Read More
Almost suspicious: the unbearable lightness of legislation by Heiner Busch
The lorry attack on the Berlin Christmas Market on 19 December 2016 was the perfect reason for the German government to demand even stricter laws on counter-terrorism. With 12 people killed and 55 hurt it was the most severe individual attack since the neo-Nazi assault at the Oktoberfest in 1980. Read More
Egypt: Europe’s other north African border by Paolo Cuttitta
This year, there has not been any migrant boat arriving from Egypt so far. Is this an effect of the new Egyptian anti-smuggling law? In the meantime, migrants in the North African country experience arbitrary detentions for indefinite periods, deportations which violate international law and scarce or non-existent protection for those who supposedly have a right to it. Asylum is a taboo for the authorities in Cairo, and the UN agency for refugees does what it can (but also - according to accusations by several workers - a lot less than that), while the work of humanitarian organisations in this sector is limited by the Egyptian regime’s repressive actions. In the meantime, the IOM, Italy and other EU countries renew their programmes to support Egyptian border guards, and the EU has agreed a five-fold increase in its budget for Egypt from the Africa Trust Fund. Read More
UK: The White Paper on the Great Repeal Bill: Invasion of the Parliamentary Control Snatchers by Steve Peers
While the White Paper has thought some issues through in detail, there are some key points on which it is either vague or unconvincing (or both). In particular, it contains no real detail or substantiated argument on the most important issue: the power of the executive to amend laws without an Act of Parliament. Read More
Hindering humanitarianism: European Commission will not ensure protection for those aiding sans-papiers by Chris Jones
A new European Commission evaluation of EU laws on migrant smuggling concludes there is a need to improve the situation around "the perceived risk of criminalisation of humanitarian assistance" to “irregular” migrants. The Commission argues that the answer to the problem is "effective implementation of the existing legal framework" – but it is the laws currently in place, which let Member States decide whether or not to punish humanitarian assistance, that permits the existence of a very real risk of criminalisation in the majority of EU Member States. Read More