Guild Elspeth

This author's articles

• Inquiry into the EU-US Passenger Name Record Agreement

  18 April 2007
  Following the attacks of September 11, 2001, the US authorities decided to collect and retain data on individuals coming to the US by air as a measure intended to increase US security. This act, however, which came into force in May 2004, was found to provide inadequate protection of personal data, and the European Court of Justice required the formulation of a new agreement.

• Merging Security from the Two Level Game : Inserting the Treaty of Prüm into EU law ?

  17 avril 2007
  This paper examines the proposal to incorporate parts of the Prüm Treaty into EU law. Particular attention is paid to the issues that were highlighted as problematic in an earlier assessment of the treaty when it first come into operation and comment on how they have been dealt with.

• The Changing Landscape of European Liberty and Security: Mid-Term Report on the Results of the CHALLENGE Project

  20 February 2007
  The CHALLENGE project responds to widespread concerns about the resort to specific illiberal practices by contemporary liberal regimes. These practices are linked with the identification of increasing insecurities globally, insecurities that are widely interpreted as obliging sterner policies from the authorities and, consequently, new constraints on principles of liberty under law and presumptions about the innocence of individuals. Specifically, the project examines tensions created by claims that ‘security is the first freedom’ and that a new ‘balance’ has to be established to manage the global scale of contemporary dangers.

• Making the EU Citizens’ Agenda Work

  13 February 2007
  This Policy Brief reproduces her submission in full.and addresses six areas of the 2007 Work Programme which are related to CEPS’ work in the area of freedom, security and justice

• The Policy of the EU in the Field of Border Control and the Fight against Organised Crime: How does it impact on the promotion of human rights and fundamental freedoms in third countries?

  16 January 2007
  How does the intersection of the EU policy and law in the field of border control and organised crime engage with human rights compliance in third countries? The starting place for any analysis of this area must be with the human rights obligations engaged and from that perspective the consequences of EU external policies.

• Getting local: Schengen, Prüm and the dancing procession of Echternach

  11 December 2006
  The little towns of Schengen and Prüm lie only around a hundred kilometers away from each other. From an enlarged European angle, this distance is close to nothing. The geo-graphical proximity might be the reason why some are inclined to see the Prüm Treaty of 2005 – following the Schengen agreement of 1985 and its implementing convention of 1990 – as just another positive step in the right direction, towards closer European cooperation of police and judicial authorities in insecure times. ‘Schengen III’, in fact, is often used as an informal label for the Treaty of Prüm. This treaty however bears a fundamental flaw: that of restricted intergovernmentalism, which (potentially if not in reality) smacks of disloyalty within an integrated EU policy by a small group of influential member states.

• European Parliament briefing papers : Introduction

  5 December 2006
  In 2006, CEPS was asked by the Civil Liberties Committee of the European Parliament to prepare a number of briefing papers on issues of substantial interest in the field of immigration, asylum, borders, biometrics and data protection. The objective of this series of briefing papers was to inform the Parliamentary Committee on the debates, issues and state of play on these issues. Over the year we prepared 14 briefing papers which can be grouped under six main headings – access to the territory of the EU; lawful presence on the territory; unlawful presence on the territory; expulsion; tracking the individual and a return to intergovernmentality. The European Parliament has, in the spirit of transparency and generosity, permitted us to publish these notes, slightly amended in this collection. Each briefing paper was prepared by a different expert working with the CEPS team. To each of them we are deeply grateful for their hard work and contribution to the project.

• A Typology of different types of Centres in Europe

  4 December 2006
  There has been an increase in the use of detention of foreigners in EU Member States over the past four years. The sources and political discussion regarding this change of policy has given rise to substantial concern in civil society. Researchers, policy makers and non-governmental organisations have expressed concern at the stigmatisation of foreigners which accompanies and is expressed in their detention. The European Parliament itself has already commissioned and received a detailed report on the return of foreigners from EU Member States (Hailbronner: 2005) which includes substantial information on this issue. In this paper we seek to examine three issues around the detention of foreigners in the EU: the law that governs camps; who is found in the camps; and what types of camps are missing. The starting place of this examination is the law of the European Union – what are the parameters within which national law applies and how does national law comply with those parameters.

• An Analysis of the Current Common Consular Instructions

  4 December 2006
  This policy brief presents and critically discusses the content of the Common Consular Instructions (CCI). In this context, the aim of the paper is therefore to offer an analysis of CCI which covers a broad range of aspects, including their operability, their coherence, as well as the technical, legal and political problems they raise. The policy brief then proceeds to address three main sets of questions: What are the technical issues related to the CCI? What are the legal problems related to CCI? What are the political problems related to CCI? Throughout, a particular emphasis is put on the proposed amendments of CCI and their potential impact on individual rights.

• Constitutional challenges to the European Arrest Warrant

  31 August 2006
  A challenge for European Law: the merging of international and external security

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