Law - new material (67)
01 January 2009
Courts and Compliance in the European Union: The European Arrest Warrant in National Constitutional Courts, Scott Siegel. Jean Monnet Working Paper 05/08 2008, pp. 36. EU Member States have expanded the tools they use to cooperate in combating transnational crime and terrorism. Chief among these is the Framework Decision on the European Arrest Warrant, which requires judicial and police authorities to bypass all national extradition procedures involving suspects residing in a member state. Only Germany, Poland, Italy, and the Republic of Cyprus experienced severe delays in implementing the required national legislation. Contrary to the expectations of “veto players theory”, national constitutional courts do not veto EU law, but instruct legislatures on how best to redraft legislation: http://www.jeanmonnetprogram.org/papers/08/080501.pdf
Fourth Report of the Independent Reviewer Pursuent to Section 14(3) of the Prevention of Terrorism Act 2005, Lord Carlile of Berriew QC. 3.2.09, pp. 64. This report claims to be an “analyses” of the operation of the control order system in 2008. http://security.homeoffice.gov.uk/news-publications/publication:-search/prevention-terrorism-act-2005/lord-carlile-fourth-report.pdf
Liberty’s Second Reading Briefing on the Coroners and Justice Bill in the House of Commons Anita Coles and Isabella Sankey. Liberty, January 2009, pp. 43. There are serious concerns that the information sharing powers in this bill will allow people’s personal data to be shared between government departments and private companies without their consent. Available as a free download at: http://www.liberty-human-rights.org.uk/pdfs/policy-09/coroners-andjustice- second-reading-briefing.pdf
Information Law Update, Dr David McArdle. SCOLAG Legal Journal Issue 376 (February) 2009, pp.43-44. This article reviews the law relating to data protection, freedom of information and the media. It considers intellectual property, defamation and trademarks.
Deeply Disturbing, Aisha Maniar. Labour Briefing March 2009, p. 4. This article reports on recent developments in the USA to cover up information on the extraordinary rendition process. In Italy the courts threw out key evidence in the case of the CIA’s abduction of the Egyptian, Osama Moustafa Hassan Nasri, on the basis that it was “classified”. Maniar reports on the American Civil Liberties Union’s (ACLU) case on behalf of torture victims against Jepperson Dataplan, a Boeing subsidiary that provided critical support for the rendition programme. For more information on the Jepperson Dataplan case visit the ACLU website: http://www.aclu.org/
Liberty’s Briefing on the draft Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009. Liberty, March 2009, pp. 15. This briefing was prepared for the Parliamentary debate on the renewal of the government’s control order legislation: “The Government evidently expects the Parliament to renew the control order legislation for the fourth year running. It hopes that parliamentarians will not only overlook this unjust scheme of indefinite house arrest without trial but that parliamentarians will also turn a blind eye to the ineffectiveness of the control order regime. Control orders are both grossly unfair and ineffective.” Available as a free download: http://www.liberty-human-rights.org.uk/pdfs/policy-09/liberty-s-briefing-on-control-order-renewal-2009.pdf