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Revision of the Schengen Information System for border checks

18-10-2018

The Schengen Information System (SIS) is a large-scale information database that supports external border control and law-enforcement cooperation in the Schengen states by enabling competent authorities, such as police and border guards, to enter and consult alerts on wanted or missing persons and lost or stolen property. In view of responding more effectively to new migration and security challenges, in December 2016, the European Commission put forward a package of three legislative proposals aimed ...

The Schengen Information System (SIS) is a large-scale information database that supports external border control and law-enforcement cooperation in the Schengen states by enabling competent authorities, such as police and border guards, to enter and consult alerts on wanted or missing persons and lost or stolen property. In view of responding more effectively to new migration and security challenges, in December 2016, the European Commission put forward a package of three legislative proposals aimed at revising the legal framework of the SIS. The proposal on the establishment, operation and use of the SIS in the field of border checks provides for more effective use of fingerprints and facial images in the SIS, and imposes an obligation on the Member States to record all entry bans issued to thirdcountry nationals who have been found staying illegally in their territory. Third edition of a briefing originally drafted by Costica Dumbrava. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Use of the Schengen Information System for the return of illegally staying third-country nationals

18-10-2018

The Schengen Information System (SIS) is a large-scale information database that supports external border control and law enforcement cooperation in the Schengen states. It does so by enabling competent authorities, such as police and border guards, to enter and consult alerts on wanted or missing persons and lost or stolen property. In view of responding more effectively to new migration and security challenges, in December 2016, the European Commission put forward a package of three legislative ...

The Schengen Information System (SIS) is a large-scale information database that supports external border control and law enforcement cooperation in the Schengen states. It does so by enabling competent authorities, such as police and border guards, to enter and consult alerts on wanted or missing persons and lost or stolen property. In view of responding more effectively to new migration and security challenges, in December 2016, the European Commission put forward a package of three legislative proposals aimed at revising the legal framework of the SIS. The proposal on the use of the SIS for returning illegally staying third-country nationals aims to enhance the enforcement of the EU return policy and to reduce the incentives to irregular migration to the EU. Among other things, the proposal introduces the obligation for Member States to enter all return decisions into the SIS. Third edition of a briefing originally drafted by Costica Dumbrava. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Revision of the Schengen Information System for law enforcement

18-10-2018

The Schengen Information System (SIS) is a large-scale information database that supports external border control and law enforcement cooperation in the Schengen states. It enables competent authorities, such as police and border guards, to enter and consult alerts on certain categories of wanted or missing persons and lost or stolen property. In December 2016, the European Commission adopted a package of proposals aimed at responding more effectively to new migration and security challenges. One ...

The Schengen Information System (SIS) is a large-scale information database that supports external border control and law enforcement cooperation in the Schengen states. It enables competent authorities, such as police and border guards, to enter and consult alerts on certain categories of wanted or missing persons and lost or stolen property. In December 2016, the European Commission adopted a package of proposals aimed at responding more effectively to new migration and security challenges. One of these proposals is focused on improving and extending the use of the SIS in the field of police cooperation and judicial cooperation in criminal matters. It clarifies procedures, creates new alerts and checks, extends the use of biometrics, and enlarges access for law enforcement authorities. Third edition of a briefing originally drafted by Costica Dumbrava. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Framework for future EU-UK relations

09-03-2018

The European Parliament will hold a debate and vote a resolution setting out its proposals on the future relationship with the United Kingdom after Brexit, during its March plenary session. It thus aims to feed into the guidelines the European Council is expected to adopt on 22 March, on opening exploratory discussions with the UK on the framework of the future EU-UK relationship.

The European Parliament will hold a debate and vote a resolution setting out its proposals on the future relationship with the United Kingdom after Brexit, during its March plenary session. It thus aims to feed into the guidelines the European Council is expected to adopt on 22 March, on opening exploratory discussions with the UK on the framework of the future EU-UK relationship.

Procedural rights and detention conditions

07-12-2017

Despite the significant EU action and cooperation that has taken place, the rights and detention conditions of those suspected of committing a crime and serving a sentence in the Member States continue to fail to live up to international and EU standards. Judicial cooperation within the EU is not yet fully adapted to this reality, it operates in absence of an EU mechanism monitoring Member States' compliance with practical fundamental rights and lacks specific guidance for alleged violations. EU ...

Despite the significant EU action and cooperation that has taken place, the rights and detention conditions of those suspected of committing a crime and serving a sentence in the Member States continue to fail to live up to international and EU standards. Judicial cooperation within the EU is not yet fully adapted to this reality, it operates in absence of an EU mechanism monitoring Member States' compliance with practical fundamental rights and lacks specific guidance for alleged violations. EU legislation on suspects' rights is limited to setting common minimum standards. Even so, there are already indications of shortcomings concerning key rights to a fair trial, such as the right to interpretation, translation, information and legal assistance during questioning by the police. Furthermore, certain areas have not been comprehensively addressed, such as pre-trial detention, contributing to prison overcrowding in a number of EU Member States. The outstanding divergent levels of protection also create discrimination between EU citizens. Criminal justice systems remain inefficient and fail to achieve the aims of convicting and rehabilitating the guilty, while protecting the innocent. This impacts on the individuals concerned, in terms of a denial of their rights and material and immaterial damage; on their families; and on Member States' societies more generally. The gaps and barriers identified also have substantial cost implications. Finally, this study assesses the added value of a number of options for EU action and cooperation to contribute to closing these gaps and taking further steps to ensure the effective protection of the rights of suspects and detained persons.

Brexit negotiations [What Think Tanks are thinking]

08-09-2017

The first three rounds of negotiations on the terms of the United Kingdom's withdrawal from the European Union have generated only modest progress, with the two sides divided on the first-phase issues, namely the size of the UK's financial obligations on leaving the EU, the rights of EU citizens within the UK and of UK citizens within the EU after Brexit, and the specific problem of how to deal with the border between Northern Ireland and the Republic of Ireland. This note offers links to recent ...

The first three rounds of negotiations on the terms of the United Kingdom's withdrawal from the European Union have generated only modest progress, with the two sides divided on the first-phase issues, namely the size of the UK's financial obligations on leaving the EU, the rights of EU citizens within the UK and of UK citizens within the EU after Brexit, and the specific problem of how to deal with the border between Northern Ireland and the Republic of Ireland. This note offers links to recent commentaries and reports published by major international think tanks and other organisations on EU-UK negotiations and on the implications of Brexit more widely.

Interoperability of European information systems for border management and security

15-06-2017

The collection, processing and sharing of data using new technologies are becoming central to the European Union (EU)’s border management and internal security. In the EU, there are a number of information systems, or databases, that support border management and internal security policies by providing border guards, migration and asylum officials, and law enforcement authorities with information on various categories of people, such as people crossing EU’s external borders, staying in the EU or ...

The collection, processing and sharing of data using new technologies are becoming central to the European Union (EU)’s border management and internal security. In the EU, there are a number of information systems, or databases, that support border management and internal security policies by providing border guards, migration and asylum officials, and law enforcement authorities with information on various categories of people, such as people crossing EU’s external borders, staying in the EU or applying for asylum in an EU Member State. In 2016, the European Commission launched a reflection process on how to improve and develop EU information systems for border management and security. One key dimension of this process is to make the various information systems more interoperable, so as to allow the simultaneous consultation and automatic interconnection of data. While the need to ensure appropriate and effective collection and exchange of information is widely recognised, disagreements remain about the ways and extent to which data should be collected and used, the authorities that can access the data, and the implications for the fundamental rights of individuals, such as the right to privacy and the protection of personal data.

Legal aid in criminal proceedings

27-09-2016

The EU is close to taking the final step on the long road to improving citizens’ legal defence rights. The October plenary is due to vote on the compromise agreement reached by co-legislators on the proposed legal aid directive.

The EU is close to taking the final step on the long road to improving citizens’ legal defence rights. The October plenary is due to vote on the compromise agreement reached by co-legislators on the proposed legal aid directive.

Legal aid: Impact assessment of substantial amendments

18-07-2016

This study was requested by the European Parliament's Committee for Civil Liberties, Justice and Home Affairs (LIBE) as part of the Parliament's general commitment to improving the quality of EU legislation, and in particular its undertaking to carry out impact assessments of its own substantial amendments when it considers it appropriate and necessary for the legislative process. The aim of this ex-ante impact assessment is to evaluate seven substantial amendments to the Commission’s proposal for ...

This study was requested by the European Parliament's Committee for Civil Liberties, Justice and Home Affairs (LIBE) as part of the Parliament's general commitment to improving the quality of EU legislation, and in particular its undertaking to carry out impact assessments of its own substantial amendments when it considers it appropriate and necessary for the legislative process. The aim of this ex-ante impact assessment is to evaluate seven substantial amendments to the Commission’s proposal for a directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European Arrest Warrant proceedings, adopted by the LIBE Committee in its report of May 2015. The study concludes that the adoption of these amendments would have a generally positive impact on the fundamental rights of suspects and accused persons. The right to legal aid, and thus, equal access to justice, would be further enhanced. In particular, the ‘practical’ enjoyment of the right of access to a lawyer (Directive 2013/48/EU) by indigent people would be ensured. Overall, the justice systems of the Member States investigated in this study would benefit from the adoption of the legal aid guarantees provided by the amendments. Evidence shows that a well-functioning legal aid system can streamline the proceedings, reduce the length of time suspects are held in police stations/detention centres, and limit the number of wrongful convictions, prison overcrowding and congestion in courts. The amendments would, however, imply certain additional cost burdens for Member States’ administrations. Please click here for the full publication in PDF format

The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures

15-02-2016

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions, considers the dilemma of a broad or narrow application of the Charter of Fundamental Rights (CFR) to national measures. It considers the way the Court of Justice of the EU (CJ EU) has been interpreting fundamental rights in relation to such measures before and after the Lisbon Treaty and the constitutionalisation of the Charter: currently ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions, considers the dilemma of a broad or narrow application of the Charter of Fundamental Rights (CFR) to national measures. It considers the way the Court of Justice of the EU (CJ EU) has been interpreting fundamental rights in relation to such measures before and after the Lisbon Treaty and the constitutionalisation of the Charter: currently the CJ EU applies a varied interpretation of the CFR, on the basis of a narrow approach to its applicability to Member States' measures implementing EU law. As a consequence, the Commission’s strict approach in relation to a selection of petitions received by the Committee on Petitions raising issues of alleged CFR violations seems justified in the light of the existing law and CJ EU jurisprudence. The analysis, after examining the considerations that militate in favour and against a narrow interpretation of the Charter and of its Article 51, concludes that a more courageous approach should be taken at EU level when examining national implementing measures of EU law raising fundamental rights issues, notably until these are not evenly and properly guaranteed across the EU.

Išorės autorius

Professor Eleanor SPAVENTA, Durham Law School, Durham University, UK

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