"the two most intrusive measures in the pipeline - mandatory retention of communications data and the compulsory fingerprinting of nearly everyone in Europe for biometric documents - did not even get into the draconian US Homeland Security package, their citizens were up in arms when these ideas were floated"
The EU Summit (a meeting of the 15 EU Prime Ministers) in Brussels on 25 March 2004 "nodded" through in the afternoon the "Declaration on combating terrorism" and moved on to other matters that concerned them more (like the EU Constitution).
The "Declaration" was made available to Brussels-based journalists on the afternoon on Wednesday 24 March and was adopted 24 hours later by the EU Summit - which makes everything in it politically binding on the member states and constitutionally binding on EU institutions.
Tony Bunyan, Statewatch editor, comments:
"This method of decision-making is totally undemocratic. The Declaration was drawn up in secret, differences were discussed in secret, and the outcome was agreed in secret.
"There was literally no time for newspapers to report what was on the table and there was no time at all for the people, civil society, and parliaments to discuss the issues or make their views known.
"This 'Declaration' contains measures which will affect the civil liberties and fundamental rights of the people of Europe. Maybe people will accept them but maybe they will not and decide that this is a 'bridge too far'.
"What is quite extraordinary is that the two most intrusive measures in the pipeline - mandatory retention of communications data and the compulsory fingerprinting of nearly everyone in Europe for biometric documents - did not even get into the draconian US Homeland Security package, their citizens were up in arms when these ideas were floated.
"The EU is at a cross roads, eight out of the ten countries who are joining on 1 May have lived under totalitarian regimes and think they are joining a 'democratic' Europe, but are they going to be joining a Europe where Prime Ministers decide what is best for them without any input from people or parliaments?"
The "Declaration on combating terrorism" contained only minor changes from the draft available on Wednesday and analysed in Statewatch's "Scoreboard" which found that 28 of the 57 measures had little or nothing to do with terrorism.
The changes were:
- point 1, European day is added
- point 3, clarification of protection of EU citizens abroad
- point 9 has a quicker deadline for Solana to submit proposals
- point 10 includes dialogue with 3rd states, UN SCR 1373
- point 14 includes the name of the tsar
Documentation
1. The "Declaration on combating terrorism" agreed at the EU Summit on 25 March 2004: Full-text (pdf)
http://www.statewatch.org/news/2004/mar/eu-terr-decl.pdf
2. Statewatch "Scoreboard" and examines 57 planned measures: Statewatch Scoreboard on terrorism and civil liberties (pdf)
http://www.statewatch.org/news/2004/mar/swscoreboard.pdf
3. Statewatch analysis (pdf)
http://www.statewatch.org/news/2004/mar/sw-analysis.pdf
4. "Scoreboard" and analysis (42 pages, in one pdf file) http://www.statewatch.org/news/eu-plan.pdf
5. Draft Declaration on combating terrorism, Council of the European Union, doc no 7486 REV 4, dated 22 March 2004: 7486-rev4 (pdf)
http://www.statewatch.org/news/2004/mar/7486-rev4.pdf
6. Commission Action paper, dated 18 March 2004: Commission Action Plan (pdf) http://www.statewatch.org/news/2004/mar/Comm-Action-Plan.pdf
7. Commission background document: Commission SEC 332 (pdf) http://www.statewatch.org/news/2004/mar/SEC332.pdf
Background
1. The undemocratic nature of policy-making through EU Summits is examined in: The Tampere Summit (pdf) http://www.statewatch.org/news/2003/sep/tampere.pdf
2. American Civil Liberties Union (ACLU): Patriot Act (link) http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12126&c=207
3. ACLU "Keep America Safe and Free" (link) http://www.aclu.org/safeandfree/
Press coverage
1. 26.3.04: The Guardian EU reaches accord on terrorism
http://www.guardian.co.uk/print/0%2C3858%2C4888821-106710%2C00.html
2. 26.3.04: The Independent
EU leaders promise to agree European consitution by June
http://news.independent.co.uk/low_res/story.jsp?story=505089&host=3&dir=73
3. 26.3.04: eupolitix.com Surveillance to dominate EU security crackdown http://www.eupolitix.com/EN/News/200403/40012fd4-777c-4a5a-bb45-6a0095ba59eb.htm
4. 25.3.04: Mail & Guardian (Africa)
EU set to agree sweeping counter-terror policies http://www.mg.co.za/Content/l3.asp?ao=33151
5. 25.3.04: ChannelNewsAsia
EU names anti-terror tsar in post-Madrid clampdown http://www.channelnewsasia.com/stories/afp_world/view/77178/1/.html
6, 25.3.04: Guardian EU set to agree sweeping counter-terror policies http://politics.guardian.co.uk/print/0%2C3858%2C4887688-107988%2C00.html
7. 25.3.04: euobserver.com
Civil liberties group cries foul over EU anti-terrorism plans http://www.euobserver.com/index.phtml?sid=9&aid=14945
Statewatch
monitoring the state and civil liberties in the European Union
In our Links section and http://www.statewatch.org
Please also see:
[Comment] Time to change EU civil servants legal immunity
http://www.euobs.com/index.phtml?sid=7&aid=14915
European Union: Asylum Proposal Violates Basic Rights
E.U. Should Scrap Proposed Directive on Asylum Procedures
(Brussels, March 29, 2004)—The European Union’s proposal on asylum procedures violates international human rights and refugee law and should be withdrawn, a group of leading nongovernmental organizations said today. In an unprecedented move, refugee and human rights organizations across Europe are jointly calling on the European Union to scrap one of the key elements leading to the proposed Common European Asylum System.
"This proposal would deny some asylum seekers access to full and fair procedures, and it would transfer them to countries outside Europe. We’re deeply concerned that the E.U. is trying to get other countries to shoulder its responsibilities."
Ben Ward
Counsel
Europe and Central Asia Division
The EU Summit (a meeting of the 15 EU Prime Ministers) in Brussels on 25 March 2004 "nodded" through in the afternoon the "Declaration on combating terrorism" and moved on to other matters that concerned them more (like the EU Constitution).
The "Declaration" was made available to Brussels-based journalists on the afternoon on Wednesday 24 March and was adopted 24 hours later by the EU Summit - which makes everything in it politically binding on the member states and constitutionally binding on EU institutions.
Tony Bunyan, Statewatch editor, comments:
"This method of decision-making is totally undemocratic. The Declaration was drawn up in secret, differences were discussed in secret, and the outcome was agreed in secret.
"There was literally no time for newspapers to report what was on the table and there was no time at all for the people, civil society, and parliaments to discuss the issues or make their views known.
"This 'Declaration' contains measures which will affect the civil liberties and fundamental rights of the people of Europe. Maybe people will accept them but maybe they will not and decide that this is a 'bridge too far'.
"What is quite extraordinary is that the two most intrusive measures in the pipeline - mandatory retention of communications data and the compulsory fingerprinting of nearly everyone in Europe for biometric documents - did not even get into the draconian US Homeland Security package, their citizens were up in arms when these ideas were floated.
"The EU is at a cross roads, eight out of the ten countries who are joining on 1 May have lived under totalitarian regimes and think they are joining a 'democratic' Europe, but are they going to be joining a Europe where Prime Ministers decide what is best for them without any input from people or parliaments?"
The "Declaration on combating terrorism" contained only minor changes from the draft available on Wednesday and analysed in Statewatch's "Scoreboard" which found that 28 of the 57 measures had little or nothing to do with terrorism.
The changes were:
- point 1, European day is added
- point 3, clarification of protection of EU citizens abroad
- point 9 has a quicker deadline for Solana to submit proposals
- point 10 includes dialogue with 3rd states, UN SCR 1373
- point 14 includes the name of the tsar
Documentation
1. The "Declaration on combating terrorism" agreed at the EU Summit on 25 March 2004: Full-text (pdf)
http://www.statewatch.org/news/2004/mar/eu-terr-decl.pdf
2. Statewatch "Scoreboard" and examines 57 planned measures: Statewatch Scoreboard on terrorism and civil liberties (pdf)
http://www.statewatch.org/news/2004/mar/swscoreboard.pdf
3. Statewatch analysis (pdf)
http://www.statewatch.org/news/2004/mar/sw-analysis.pdf
4. "Scoreboard" and analysis (42 pages, in one pdf file) http://www.statewatch.org/news/eu-plan.pdf
5. Draft Declaration on combating terrorism, Council of the European Union, doc no 7486 REV 4, dated 22 March 2004: 7486-rev4 (pdf)
http://www.statewatch.org/news/2004/mar/7486-rev4.pdf
6. Commission Action paper, dated 18 March 2004: Commission Action Plan (pdf) http://www.statewatch.org/news/2004/mar/Comm-Action-Plan.pdf
7. Commission background document: Commission SEC 332 (pdf) http://www.statewatch.org/news/2004/mar/SEC332.pdf
Background
1. The undemocratic nature of policy-making through EU Summits is examined in: The Tampere Summit (pdf) http://www.statewatch.org/news/2003/sep/tampere.pdf
2. American Civil Liberties Union (ACLU): Patriot Act (link) http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12126&c=207
3. ACLU "Keep America Safe and Free" (link) http://www.aclu.org/safeandfree/
Press coverage
1. 26.3.04: The Guardian EU reaches accord on terrorism
http://www.guardian.co.uk/print/0%2C3858%2C4888821-106710%2C00.html
2. 26.3.04: The Independent
EU leaders promise to agree European consitution by June
http://news.independent.co.uk/low_res/story.jsp?story=505089&host=3&dir=73
3. 26.3.04: eupolitix.com Surveillance to dominate EU security crackdown http://www.eupolitix.com/EN/News/200403/40012fd4-777c-4a5a-bb45-6a0095ba59eb.htm
4. 25.3.04: Mail & Guardian (Africa)
EU set to agree sweeping counter-terror policies http://www.mg.co.za/Content/l3.asp?ao=33151
5. 25.3.04: ChannelNewsAsia
EU names anti-terror tsar in post-Madrid clampdown http://www.channelnewsasia.com/stories/afp_world/view/77178/1/.html
6, 25.3.04: Guardian EU set to agree sweeping counter-terror policies http://politics.guardian.co.uk/print/0%2C3858%2C4887688-107988%2C00.html
7. 25.3.04: euobserver.com
Civil liberties group cries foul over EU anti-terrorism plans http://www.euobserver.com/index.phtml?sid=9&aid=14945
Statewatch
monitoring the state and civil liberties in the European Union
In our Links section and http://www.statewatch.org
Please also see:
[Comment] Time to change EU civil servants legal immunity
http://www.euobs.com/index.phtml?sid=7&aid=14915
European Union: Asylum Proposal Violates Basic Rights
E.U. Should Scrap Proposed Directive on Asylum Procedures
(Brussels, March 29, 2004)—The European Union’s proposal on asylum procedures violates international human rights and refugee law and should be withdrawn, a group of leading nongovernmental organizations said today. In an unprecedented move, refugee and human rights organizations across Europe are jointly calling on the European Union to scrap one of the key elements leading to the proposed Common European Asylum System.
"This proposal would deny some asylum seekers access to full and fair procedures, and it would transfer them to countries outside Europe. We’re deeply concerned that the E.U. is trying to get other countries to shoulder its responsibilities."
Ben Ward
Counsel
Europe and Central Asia Division