Category Archives: 6. Borders control policies

Illegal migration: the “Returns” Directive in the recent case-law of the ECJ

by: Rosa Raffaelli The judgment of the ECJ in the Achughbabian case, which follows closely the recently issued El Dridi judgment, has further clarified the scope of application of the Returns Directive (Directive 2008/115/EC). The Directive, adopted under the co-decision procedure by the European Parliament and the Council, aims at establishing common standards and procedures [...]

FRONTEX: first ever RABIT operation deployed on 2 November

The Rapid Border Intervention Teams (RABIT) is a mechanism established so as to allow, in case of exceptional migratory pressure, rapid deployment of border guards on a European level. Established in 2007 as part of the Agency’s founding mandate, RABIT operations have never been used up to now. Home Affairs Commissioner Cecilia Malmström went to [...]

Readmission agreement with Pakistan: international human rights norms respected?

One of the main debates concerning the European Union (EU) refers to whether policy making in an EU institutional setting can be defined as supranational or intergovernmental. Migration policies have traditionally supported the latter argumentation; however, since the implementation of the Treaty of Amsterdam (1999) a slow movement from an intergovernmental to a more communitarian [...]

Negotiations on a common asylum system progress with the involvement of the European Parliament

The establishment of a common area of protection and solidarity, based on a common asylum procedure and a uniform status for those granted protection remains one of the prime objectives of the EU. Following the implementation of the first phase, the European Commission submitted (in late 2008 and early 2009) a set of proposals for [...]

Action Plan on the Stockholm Programme released by Statewatch

European Commission: Stockholm Programme: Statewatch Analysis: Action Plan on the Stockholm Programme: A bit more freedom and justice and a lot more security (pdf) by Tony Bunyan: “The “harnessing of the digital tsunami” as advocated by the EU Future Group and the surveillance society, spelt out in Statewatch’s “The Shape of Things to Come” is embedded in [...]

Body Scanners: an effective tool to address perceived rather than real increased security?

Several countries around the world have already installed body scanners in airports, including the Schiphol International Airport in Amsterdam. Several politicians coming from both sides of the Atlantic visited the airport, in order to assess the extent to which such a measure is proportionate and effectively increases security in the airports. The technology employed in [...]

Schengen Border Code: the European Parliament reject the guidelines but does not reach the necessary absolute majority

Parliament voted to reject the guidelines by 336 votes to 253 with 30 abstentions, but this was not enough as, under the rules, an absolute majority of all Members (369) was needed for rejection.

The LIBE Committee opposes the adoption of the European Commission Draft Council decision on supplementing the Schengen Borders Code in operations coordinated by Frontex

The Committee on Civil liberties, Justice and Home Affairs (LIBE) opposed (12 in favour and 25 against) the Proposal for a Council Decision supplementing the Schengen Border Code and then approved the consequent Motion for a resolution on the draft Council decision supplementing the Schengen Borders Code as regards the surveillance of the sea external [...]

Full body-scanners: risks of violation of Article 8 of the European Convention on Human Rights

The recent attempted bombing to the Detroit flight on 25 December 2009 confirmed the weakness in aviation security to detect non-metallic items. As a consequence a reignited interest towards the introduction of full-body scanners in airports is taking place worldwide.  Full-body scanners create an image of the full body which shows the surface of the skin [...]

European Parliament approves Barroso II

The European Parliament has approved by a very large majority, 488 votes in favour, 137 against and 72 abstentions, the Barroso II team on Tuesday 9 February, in Strasbourg. The new Commission begins to work today, Wednesday the 10 February and its mandate will expire on 31 October 2014. The major political groups (the EPP, the Socialist [...]

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