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 borders in the context of the operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders.

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

Rights to interpretation and translation in criminal proceedings: LIBE amendments and new Commission proposal

As anticipated in a previous post in this blog the Committee on Civil Liberties, Justice and Home affairs (LIBE) discussed the draft report on the directive of the European Parliament and of the Council on the rights to interpretation and to translation in criminal proceedings presented by rapporteur Sarah Ludford on 17 March 2010, based on the initiative put forward by 13 Member states.

But this was not the only initiative discussed on this matter, also that of the European Commission presented on 9 March 2010 was discussed.

Therefore, after a brief introduction of the aim of the directive, the amendments of the LIBE on the MSs’ initiative will be analysed and then, few observations on the Commission proposal will be made on the basis of the debate that took place in the LIBE committee.

Continue reading “Rights to interpretation and translation in criminal proceedings: LIBE amendments and new Commission proposal”

Brandeis in Italy: The Privacy Issues in the Google Video Case

Reports of the recent decision by an Italian court to issue suspended sentences against three Google exes for posting a video of a young person with downs syndrome being taunted has sparked a flurry of First Amendment concern. The opinion of reporters, at least in the U.S., has been nearly unanimous — “What were they thinking??” “This will kill the Internet.” “The Italians just don’t get it.”

There is no published opinion yet, so this is very much a first impression based on a quick review of the law in the case, but I was struck by the similarity of the Italian decision with the birth of the right of privacy in the United States.

Continue reading “Brandeis in Italy: The Privacy Issues in the Google Video Case”

On the BVG ruling on Data Retention: “So lange” – here it goes again…

As mentioned a couple of weeks ago in the blog (10 January 2010 – Directive on data retention: now the floor goes to the German Constitutional Court) the German Constitutional Court was preparing to make a decision about the German internal application of the controversial Data Retention Directive (2006/24/EC), demanding telecommunication data retention from 6 months till 2 years. Some historical background is provided in the above mentioned blog. On March 2 the decision has arrived (1 BvR 256/08 , 1 BvR 263/08 , 1 BvR 586/08). And what a decision it is. It is of the same work as the famous decision in Marbury v. Madison presided over by John Marshall. The German Federal Constitutional Court (Bundesverfassungsgericht) avoided a direct conflict with the ECJ but showed once again that it will take its prerogatives very seriously regarding the protection of human rights and annulled the German provisions applying the Directive.

Continue reading “On the BVG ruling on Data Retention: “So lange” – here it goes again…”