This author's articles
16 March 2009
The development of new measures dealing with the physical and legal borders of Europe result in various shifts of power. These shifts may lead to changes in traditional forms of accountability and responsibility of national Member States as concerns powers which are transferred to other levels: to EU institutions or other Member States, but even to third states or private entities.
11 March 2009
In November 2007, the European Commission published a proposal on the use of Passenger Name Record (PNR) data for law enforcement purposes. This proposal is closely related to other instruments obliging air carriers to transmit passenger data to national authorities, including Directive 2004/82/EC and various agreements that were signed with third countries. The establishment of an ‘EU PNR system’ is presented as a tool in the fight against terrorism and organised crime, but will also be used to investigate other crimes and to prevent illegal immigration. The European PNR system raises both practical as legal concerns.
16 April 2008
The European Commission’s proposals for a European Border Management Strategy are based on an almost blind faith in the use of large-scale databases, identification measures and biometrics for immigration and border control purposes. Yet these measures entail a risk to the protection of not only the right to privacy and the right to data protection, but also to the freedom of movement and the principle of non-discrimination.
24 September 2007
This study examines the right to effective remedies by third-country nationals reported in the Schengen Information System or SIS. Since its launch in 1995, the majority of personal data held in the SIS concerns third-country nationals to be refused entry to the Schengen territory. The use of SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination.
5 November 2006
Evelien Brouwer is researcher at the Centre for Migration Law, Radboud University Nijmegen. She is member of the Standing Committee of experts on international immigration, asylum, and criminal law and member of the editorial board of the journal Privacy & Informatie.
29 August 2006
The recent spate of legal, legislative and other activity on both sides of the Atlantic related to the collection, storage, use and manipulation of personal data highlights the serious political differences that divide the EU and the US regarding the relationship of the individual and the state. This paper by two Professors of Law at Radboud University at Nijmegen asks what is ‘the political life of data’ that has so galvanised EU and US institutions? Their point of departure is the Passenger Name Record (PNR) Agreement between the EU and the US, which was recently declared unlawful by the European Court of Justice.
14 June 2005
Different mechanisms of data sharing and data collection have been developed with the purpose of controlling immigration and safeguarding security, such as Eurodac and Europol. At the EU level, different proposals are being negotiated on the extended use of the SIS, the establishment of a new Visa Information System, the use and storage of biometrical data, and the possibility to interconnect the different EU databases. In the light of these developments, two questions are becoming more and more important. Firstly, how do the EU policy makers, drafting these plans, assess the efficiency and added value of these data surveillance mechanisms? Secondly, is the legal protection of individuals stored into these database sufficiently taken into account in the decision making process?
2 March 2005
This work package has as its objective to examine the law of citizenship and governance from the perspective of civil liberties and security. It engages the question of legal mechanisms of constitutionalism which set the boundaries of citizen and foreigner. Central to this analysis are the issues of separation of status in criminal law, legal structures of separation, social protection as a form of separation and the internal external dimensions of civil liberties.