Annual Euopean arrest warrants?

Spain/Germany: Spain annuls German EAW's

The Spanish newspaper El País reported that the Audiencia Nacional (a Madrid-based court whose competencies include terrorist offences, serious organised crime affecting more than one region and 'passive' extradition) is set to annul European arrest warrants issued by Germany in response to the denial to hand over a German citizen suspected of terrorist offences to Spain after the German Constitutional Court ruled on 18 July 2005 that the law transposing the European arrest into national law was unconstitutional as it encroached upon the defendants' fundamental rights, most notably because of the absence of a procedure to appeal the handing over.

Germany reportedly processed subsequent European arrest warrants issued by Spain as ordinary extraditions, contrary to guarantees that were given to Spanish judicial authorities.

The Audiencia Nacional is expected to treat the European arrest warrants issued by Germany as international arrest warrants subject to ordinary extradition procedure, as a result of Germany having excluded itself from judicial cooperation based on the European arrest warrant.

1. El País, 21.9.05.

2. German Constitutional court revokes national regulation implementing European Arrest Warrant; Statewatch news online, July 2005.
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Statewatch News Online, 28 September 2005 (34/05)
Full contents see: http://www.statewatch.org/news

1. EU: The UK presidency has drawn up draft Council conclusions on regional protection

2. EU: Terrorist recruitment: a Commission's Communication

3. EU: Civil society letter to MEPs on data retention proposals

4. EU: Final text of the European Commission proposals on the mandatory retention

5. Data Protection: 27th International Conference of Data Protection and Privacy Commissioners

6. Spain/France/Italy: Joint expulsion flight to Romania:

7. Spain/Germany: Spain annuls German European Arrest Warrant's:

8. UK: Racial violence after 7 July - week 11 by IRR News Team

9. EU: The lower EU court ruled in two judgments on sanctions concerning alleged terrorists,

10. EU Lawyers Slam Data Retention Proposal Draft would have public pay for state surveillance

11. EU: Data retention

12. UK: Protect our rights - joint analysis from UK's leading civil society organisations

13. EU: EU Data protection working party criticise proposals on VIS (Visa Information System):

14. EU: COSI - Standing Committee on Internal Security rescued from the debris of the EU Constitution

1. EU: The UK presidency has drawn up draft Council conclusions on regional protection, in response to the Commission communication:
http://www.statewatch.org/news/2005/sep/council-resp-reg-prog.pdf

Commission Communication on: regional protection programmes (COM (2005) 388, 1.9.05, pdf):
http://www.statewatch.org/news/2005/sep/COM_2005_0388.pdf

See also Statewatch analysis: "Killing me softly? "Improving access to durable solutions": doublespeak and the dismantling of refugee protection in the EU" (2004):
http://www.statewatch.org/news/2004/jul/refugees-external-processing.pdf

2. EU: Terrorist recruitment: a Commission's Communication addressing the factors contributing to violent radicalisation: Press release (pdf):
http://www.statewatch.org/news/2005/sep/com-pressrel-radicalisation.pdf

Text of Communication (English):
http://www.statewatch.org/news/2005/sep/com-radicalisation-313.pdf

Text of the Communication (French, pdf).
http://www.statewatch.org/news/2005/sep/com-data%20ret%20-prop-FR.pdf

An earlier draft of the Commission's Communication shows the changes made over the summer:
http://www.statewatch.org/news/2005/sep/com-radicalisation-draft.pdf

The Council of the European Union (25 governments) are expected to adopt their plans on this issue in December

3. EU: Civil society letter to Members of the European Parliament on data retention proposals, from Privacy International and EDRI (European Digital Rights) and endorsed by 19 NGOs (see documentation below):
http://www.statewatch.org/news/2005/sep/retentionletterformeps.pdf

4. EU: Final text of the European Commission proposals on the mandatory retention of telecommunications data (pdf):
http://www.statewatch.org/news/2005/sep/com-438-data-retention.pdf

Report from the European Data Protection Supervisor on the Commission's proposal (26.9.05):
http://www.statewatch.org/news/2005/sep/edps-opinion-data-retention.pdf

Latest Council draft proposal: Council, full-text, 16.9.05 (pdf):
http://www.statewatch.org/news/2005/sep/eu-data-ret-16-sep-05.pdf

and the View of the Article 29 Data Protection Working Party on the Council initiative by five members states (November 2004):
http://www.statewatch.org/news/2004/nov/wp99.pdf

5. Data Protection: 27th International Conference of Data Protection and Privacy Commissioners, Montreux. 16 September 2005 Three strong resolutions on:

a. Resolution on the use of biometrics in passports, identity cards and travel documents:

English:

http://www.statewatch.org/news/2005/sep/biometrie-resolution-e.pdf

French:
http://www.statewatch.org/news/2005/sep/Biometrie-Resolution-f.pdf

German:
http://www.statewatch.org/news/2005/sep/Biometrie-Resolution-d.pdf

b. Resolution on the Use of Personal Data for Political Communication:

English:

http://www.statewatch.org/news/2005/sep/Political-Comm-Res-Italy-e.pdf

French:

http://www.statewatch.org/news/2005/sep/Political-Comm-Res-Italy-f.pdf

German:

http://www.statewatch.org/news/2005/sep/Political-Comm-Res-Italy-d.pdf

c. Montreux Declaration: The protection of personal data and privacy in a globalised world: a universal right respecting diversities:

English:

http://www.statewatch.org/news/2005/sep/Montreux-Declaration-e.pdf

French:

http://www.statewatch.org/news/2005/sep/montreux-declaration-f.pdf

German:

http://www.statewatch.org/news/2005/sep/montreux-declaration-d.pdf

6. Spain/France/Italy: Joint expulsion flight to Romania:
http://www.statewatch.org/news/2005/sep/12sp-fr-it-expulsions.htm

7. Spain/Germany: Spain annuls German European Arrest Warrant's:
http://www.statewatch.org/news/2005/sep/11spain-EAW.htm

8. UK: Racial violence after 7 July - week 11 by IRR News Team (link):
http://www.irr.org.uk/2005/september/ha000022.html

9. EU: The lower EU court, the Court of First Instance, has today (21.9.05) finally ruled in two judgments on the merits in two cases brought back in 2001 against EU implementation of UN Security Council sanctions concerning alleged terrorists, whose assets and income were frozen to prevent them from giving financial support to the Taliban regime and (subsequently) to Al-Qaeda. Professor Steve Peers explains the judgments:

Statewatch analysis:

http://www.statewatch.org/news/2005/sep/10terrorlists.htm

See also Statewatch observatory on the terrorist lists:
http://www.statewatch.org/terrorlists/terrorlists.html

10. EU Lawyers Slam Data Retention Proposal Draft would have public pay for state surveillance (link):
http://europe.tiscali.co.uk/index.jsp?section=Current%20Affairs&level=preview&content=386332

11. EU: Data retention: The latest version of the Council's (25 governments) draft Framework Decision, which has been drafted as a "third pillar" (TEU) measure on which the European Parliament (EP) will only be consulted: Council, full-text, 16.9.05 (pdf):
http://www.statewatch.org/news/2005/sep/eu-data-ret-16-sep-05.pdf

It notes the European Commission's initiative to present two separate proposals, one a Directive on the mandatory retention of telecommunications data by service providers: Mandatory data retention in telecommunications:
http://www.statewatch.org/news/2005/sep/com-data-retention-prop.pdf

on which the EP will have powers of co-decision, and a second on access and exchange of the data by law enforcement agencies on which the parliament will only be consulted. The latest Council draft says that: "the Council will need to decide if it accepts the approach of a Directive or if it will takes measures on data retention" based on its own draft. The different initiatives stem from the opinions of the two Legal Services who both
advised that legally there should be two separate measures.see:

Statewatch analysis:

http://www.statewatch.org/news/2005/apr/02eu-data-retention.htm

12. UK: Protect our rights - a briefing document on the government's anti-terrorism proposals. A joint analysis from UK's leading civil society organisations
http://www.statewatch.org/news/2005/sep/protectourrightsbriefing.pdf

13. EU: EU Data protection working party criticise proposals on VIS (Visa Information System):
http://www.statewatch.org/news/2005/sep/09eu-vis-art-29-rep.htm

14. EU: COSI - Standing Committee on Internal Security rescued from the debris of the EU Constitution:
http://www.statewatch.org/news/2005/sep/08eu-cosi.htm

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