Suchergebnisse

This book entitled «Handbook on public participation in the institutions of the European Union» explains, in a structured manner, all the rights and actions that EU citizens are entitled to as nationals of one of the EU Member States. It also examines the rights of temporary and permanent residents coming from third countries. It provides clear and accurate information about the subject «Public Participation in the Institutions of the European Union» and it is an essential tool for the dissemination of content and activities during the entire course. [Publisher's text]

Abstract
On 11 June 2019, two Interoperability European Union (EU) Regulations entered into force. With it, six existing EU databases created for security and border management purposes merged into one single, overarching EU information system operating with the purpose of changing the way front-line officers worked in various tasks. The main objective of these Regulations was to prevent and combat illegal immigration and to improve security within the Area of Freedom, Security and Justice of the Union. This article studies the challenges that have emerged from making EU databases and information systems 'interoperable' as well as the potential negative consequences that the Regulations may have for fundamental rights as enshrined in the EU Charter of Fundamental Rights. In particular, it examines whether the interoperability between EU information systems could violate the rights related to data protection, rights of the child, prohibition of discrimination as well as principles of necessity and proportionality.

Data exchanges for law enforcement purposes within the EU -- Data exchanges for law enforcement purposes between the EU and a third state -- The role of Europol in the exchange of information within and beyond the EU -- Data safeguards for the intelligence collected and shared by member states -- The feasibility of global data protection standards for information processed for security purposes

En los años ochenta del siglo pasado la UE empezó a recoger datos de personas que llegaban de terceros países a territorio europeo para controlar los flujos migratorios. Sin embargo, los atentados terroristas del 11-S de 2001 propiciaron una extensión progresiva del uso de tal información, originalmente solo prevista para controlar la inmigración, para fines policiales. Sistemas de información tales como SIS, VIS, CIS y Eurodac han ido reformando sus respectivas legislaciones para permitir el acceso a las autoridades policiales de los estados miembros y a Europol. Este artículo analiza el posible conflicto que se deriva de estas prácticas con el derecho fundamental de protección de datos en la UE. Se examinan, en primer lugar, las normas europeas generales y sectoriales de protección de datos aplicables para el tratamiento de la información recogida por el SIS, el VIS, el CIS y Eurodac; posteriormente, se valora si el uso de estos sistemas de información en investigaciones policiales podría vulnerar los principios de necesidad y limitación de finalidad. ; In the 1980s, the EU began collecting the personal data of people arriving from third countries in order to control migratory flows within the EU. However, since the 9/11 attacks function creep has led to this information, which was originally collected for EU border management, being used by police authorities. Information systems such as SIS, VIS, CIS and Eurodac have been amending their own regulations to permit access by police authorities from the member states and Europol. This paper analyses the potential conflict arising from these practises and the fundamental right to data protection in the EU. First, general and sectoral data protection rules applicable to the data processed by SIS, VIS, CIS and Eurodac will be examined. After that, this study will assess whether allowing law enforcement authorities to access such EU information systems could violate the EU principles of necessity and purpose limitation

Defence date: 8 June 2015 ; Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Gregorio Garzón Clariana, Autonomous University of Barcelona; Dr. Maria O'Neill, University of Abertay Dundee; Professor Martin Scheinin, European University Institute. ; This thesis seeks to examine the existing EU frameworks for data-sharing for law enforcement purposes, both within the EU and between the EU and third countries, the data protection challenges to which these give rise, and the possible responses to those challenges at both EU and global levels. The analysis follows a bottom-up approach, starting with an examination of the EU internal data-sharing instruments. After that, it studies the data transfers conducted under the scope of an international agreement; and finally, it concludes by discussing the current international initiatives for creating universal data protection standards. As for the EU data-sharing instruments, this thesis demonstrates that these systems present shortcomings with regard to their implementation and usage. Moreover, each instrument has its own provisions on data protection and, despite the adoption of a Framework Decision in 2008, this has not brought about a convergence of data protection rules in the JHA field. A similar multiplicity of instruments is also found when the EU transfers data to third countries for the purpose of preventing and combating crimes. This is evident from examining the existing data-sharing agreements between the EU and the US. Each agreement has a section on data protection and data security rules, which again differ from the general clauses of the 2008 Framework Decision. This study demonstrates the influence of US interests on such agreements, as well as on the ongoing negotiations for an umbrella EU-US Data Protection Agreement. One possible way to ensure a high level of EU data protection standards in the field of law enforcement in the face of US pressure is by enhancing the role of Europol. This EU Agency shares information with EU member states and third countries. This thesis demonstrates that Europol has a full-fledged data protection framework, which is stronger than most of the member states' privacy laws. However, taking Europol rules as a reference for global standards would only partially achieve the desired result. The exchange of data for security purposes does not only involve law enforcement authorities, but also intelligence services. The recent NSA revelations have shown that the programmes used by these bodies to collect and process data can be far more intrusive and secretive than any current law enforcement system. In view of the above, this thesis explores the potential of CoE Convention 108 for the Protection of Individuals with regard to the Automatic Processing of Personal Data and ii the Cybercrime Convention as the basis for a global regime for data protection in law enforcement. This thesis concludes that an optimum global data protection framework would entail a combination of the 108 CoE Data Protection Convention and the Cybercrime Convention. The cumulative effect of these two legal instruments would bind both law enforcement and intelligence services in the processing of data. In sum, by promoting the Europol approach to data protection and existing Council of Europe rules, the EU could play a crucial role in the creation of global data protection standards.

Predicting mass migration is one of the main challenges for policymakers and NGOs working with migrants worldwide. Recently there has been a considerable increase in the use of computational techniques to predict migration flows, and advances have allowed for application of improved algorithms in the field. However, given the rapid pace of technological development facilitating these new predictive tools and methods for migration, it is important to address the extent to which such instruments and techniques engage with and impact migration governance. This study provides an in-depth examination of selected existing predictive tools in the migration field and their impact on the governance of migratory flows. It focuses on a comparative qualitative examination of these tools' scope, as well as how these characteristics link to their respective underlying migration theory, research question, or objective. It overviews how several organisations have developed tools to predict short- or longer-term migration patterns, or to assess and estimate migration uncertainties. At the same time, it demonstrates how and why these instruments continue to face limitations that in turn affect migration management, especially as it relates to increasing EU institutional and stakeholder efforts to forecast or predict mixed migration. The main predictive migration tools in use today cover different scopes and uses, and as such are equally valid in shaping the requirements for a future, fully comprehensive predictive migration tool. This article provides clarity on the requirements and features for such a tool and draws conclusions as to the risks and opportunities any such tool could present for the future of EU migration governance.

Predicting mass migration is one of the main challenges for policymakers and NGOs working with migrants worldwide. Recently there has been a considerable increase in the use of computational techniques to predict migration flows, and advances have allowed for application of improved algorithms in the field. However, given the rapid pace of technological development facilitating these new predictive tools and methods for migration, it is important to address the extent to which such instruments and techniques engage with and impact migration governance. This study provides an in-depth examination of selected existing predictive tools in the migration field and their impact on the governance of migratory flows. It focuses on a comparative qualitative examination of these tools' scope, as well as how these characteristics link to their respective underlying migration theory, research question, or objective. It overviews how several organisations have developed tools to predict short- or longer-term migration patterns, or to assess and estimate migration uncertain- ties. At the same time, it demonstrates how and why these instruments continue to face limitations that in turn affect migration management, especially as it relates to increasing EU institutional and stakeholder efforts to forecast or predict mixed migration. The main predictive migration tools in use today cover different scopes and uses, and as such are equally valid in shaping the requirements for a future, fully comprehensive predictive migration tool. This article provides clarity on the requirements and features for such a tool and draws conclusions as to the risks and opportunities any such tool could present for the future of EU migration governance.