Fidest – Agenzia giornalistica/press agency

Quotidiano di informazione – Anno 33 n° 335

Posts Tagged ‘european court’

To ensure adequate data protection, says Civil Liberties Committee Chair

Posted by fidest press agency su martedì, 21 luglio 2020

The European Court of Justice announced its ruling declaring invalid the Commission decision on the adequacy of the EU-US Privacy Shield, a framework for regulating transatlantic exchanges of personal data for commercial purposes. The Civil Liberties Committee Chair Juan Fernando López Aguilar (S&D, ES) commented on the ruling: “The Commission must inform the Parliament and the citizens without delay about the effects of this important ruling. It has to clarify what it intends to do to ensure that the fundamental rights of individuals are effectively protected.” The judgement confirms the concerns reiterated on numerous occasions by the Parliament about the lack of an adequate level of protection afforded by the EU-US Privacy Shield. For example, in its resolution in July 2018, the Parliament stated that the EU-US deal on transfer of personal data does not provide the adequate level of protection required by Union’s data protection law and the EU Charter.The Civil Liberties Committee has also conveyed its concerns linked to the deficiencies on the EU-US Privacy Shield to the US authorities during its missions to the US. It specifically raised issues linked to limitations on the protection of personal by US domestic law on the access and use by US public authorities, surveillance programmes and bulk collection of personal data and the Ombudsperson mechanism.In this regard, Mr. López Aguilar said: “Transfers of personal data across the Atlantic are essential for both the EU and the US. The adoption of a Federal data protection law by the US Congress could certainly contribute to overcome these problems by creating in the US a strong data protection framework.” Mr López Aguilar also stated that this judgment may affect other instruments relating to EU-US data exchanges for law enforcement, such as the so called “umbrella agreement” or the on-going negotiating EU-US cloud evidence agreement. “It is thus important for the Commission to present as soon as possible a clear and detailed assessment of the implications of the judgement on these instruments”, López Aguilar concluded. He also promised to invite Commissioner Didier Reynders to attend a Civil Liberties Committee meeting to inform the Members accordingly.

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Could Silvio Berlusconi stage a comeback?

Posted by fidest press agency su lunedì, 21 agosto 2017

berlusconiSILVIO BERLUSCONI’S position in Italian politics has been enfeebled since the ignominious end of his fourth government in 2011. He remains the leader of Forza Italia, the movement that was his springboard into politics 23 years ago. But the party currently polls less than half the 30% it mustered at the height of its popularity in the early 2000s. Mr Berlusconi himself has a criminal record: he was convicted of tax fraud in 2013. And in September, he will be 81 years old. Yet pundits increasingly see the ageing TV-and-property magnate re-emerging as a force in the country’s politics. Could Italian voters really hand power back to a man widely viewed in the rest of Europe as either a buffoon or a crook? Because of his conviction, Mr Berlusconi cannot stand for parliament until 2019. He has appealed to the European Court of Human Rights, but the judges may not rule on his case before Italy’s next general election, which has to be held by next May. So the chances of Mr Berlusconi returning to parliament, let alone government, are slim. But the law cannot prevent him from campaigning for his party, and in any case the real power in Italy often rests with party leaders who do not necessarily sit in the legislature or the cabinet. The current speculation over Mr Berlusconi centres on the likelihood of his playing the kingmaker—and true arbiter of his country’s fortunes—after the next election. Though it still lags the more radical Northern League, its rival for the right-wing vote, Forza Italia’s showing in the polls has improved. The centre-left Democratic Party (PD) is floundering and the Five Star Movement (M5S) is feeling the effects of a Europe-wide disenchantment with populism. But the real reason for Mr Berlusconi’s renewed strength is the failure of parliament to agree on a new electoral law. After modification by the constitutional court, the existing laws would allot seats to the main parties in almost exact proportion to their share of the vote. A recent projection suggested the M5S, which refuses to join a coalition with any of the mainstream parties, could occupy 185 of the 630 seats in the lower house. In such circumstances, a government of any kind would be hard to form. The most plausible outcome would be a coalition between the PD and Forza Italia, if Mr Berlusconi agreed.The prospect of Forza Italia’s founder returning to a position of authority is not the only sign that Italy risks slipping backwards. A fragmented parliament would lead to the sort of unstable, ideologically heterogeneous coalition governments that bedevilled Italian politics until the early 1990s. Some Italians, particularly older ones, might welcome their return: the country’s “revolving-door” governments, in which ministers often left only to reappear in the next administration in a different job, coincided with a period of healthy economic growth. But times have changed, and what the economy needs today is radical, structural reform. It will not get it from coalitions of diverse parties, especially if they are guided behind the scenes by an octogenarian who, despite his claims to be a liberal, never dared introduce liberal reforms when in office. (photo: berlusconi)(By The Economist)

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Recommendation to European Court of Justice to Uphold EU Ban on Trade in Products of Commercial Seal Hunts Commended

Posted by fidest press agency su lunedì, 23 marzo 2015

Par7545996BRUSSELS EU Advocate General Kokott is urging the European Court of Justice to reject an appeal brought by commercial sealing interests and some Inuit representatives. The appeal relates to a 2013 decision by the European General Court, which rejected the appellants’ request to find the legal basis and implementing measures for the EU ban on commercial seal product trade unlawful.Joanna Swabe, Ph.D, EU executive director for HSI, said: “We commend Advocate General Kokott for her strong opinion that highlights just how unfounded the grounds for appeal were in this case. This was a cynical attempt by sealing industry interests to try to annul legislation, which was adopted through a democratic process in response to public moral concerns about the products of commercial seal slaughter being placed on the EU market. We hope the European Court of Justice will follow the recommendations of the Advocate General and reject this spurious attempt to overturn the EU’s legislation.”This is the final appeal in a series of cases brought by commercial sealing industry and some Inuit representatives in an attempt to annul the EU Regulation on trade in seal products. All cases brought thus far have been dismissed by the European Courts. A final judgment is expected in the coming months.Other international courts are also supporting the EU decision to ban commercial seal products. In 2013, the World Trade Organization ruled on a challenge of the EU ban on seal product trade by Canada and Norway, upholding the right of the EU to ban trade in products of commercial sealing on the grounds of public morality. In 2014, the WTO considered an appeal of that ruling by Canada and Norway, and once again decided largely in favour of the EU.

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European Court of Human Rights and EU Fundamental Rights Agency launch updated guide to European law on asylum,

Posted by fidest press agency su domenica, 29 giugno 2014

europeanCourtHumanAfter the success of the first edition, the European Court of Human Rights (ECtHR) and the European Union Agency for Fundamental Rights (FRA) are today launching an update of their guide to European law on asylum, borders and immigration. As well as updating the material contained in the handbook published last year, the guide is being made available in a further two languages.The Handbook on European law relating to asylum, borders and immigration, which builds on the experience of a previous joint project between the two institutions, was welcomed in particular by lawyers, judges and immigration practitioners, who work on such issues on an everyday basis. Altogether, the handbook has so far been downloaded approximately 26,000 times from the FRA and ECtHR websites.
It is the first comprehensive guide to European law in the areas of asylum, borders and immigration, taking into account both the case-law of the ECtHR and that of the Court of Justice of the European Union (CJEU). It also contains the relevant EU Regulations and Directives, as well as references to the European Social Charter (ESC) and other Council of Europe instruments.“The area of asylum and migration is increasingly important, and we are glad to be able to offer such a useful tool,” said FRA Director Morten Kjaerum. “After the tragedies we have witnessed over the last few months, we see there is a real need for such guides to assist practitioners in the field to improve respect for fundamental rights at Europe’s borders.”“The very positive feedback on this publication indicates that there was a significant need for a manual on the various aspects of European law in these areas” said Court Registrar Erik Fribergh.Today’s handbook updates the material previously published in English, French, German and Italian, and is additionally being published for the first time in Hungarian and Spanish, with more language versions coming later this year. It is aimed at lawyers, judges, prosecutors, border guards, immigration officials and others working with national authorities, as well as non-governmental organisations confronted with legal issues in the areas covered by the handbook in all these countries.The manual focuses on law covering the situation of third-country nationals in Europe and covers a broad range of topics, including access to asylum procedures, procedural safeguards and legal support in asylum and return cases, detention and restrictions to freedom of movement, forced returns, and economic and social rights.

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Non-discrimination Law

Posted by fidest press agency su martedì, 22 marzo 2011

Launched TodayThe first comprehensive guide to European non-discrimination law is being launched at the European Court of Human Rights, the International Day for the Elimination of Racial Discrimination. The Handbook on European Non-Discrimination Law, published jointly by the European Union Agency for Fundamental Rights (FRA) and the European Court of Human Rights, is the first comprehensive guide to European non-discrimination law. It is based on the case law of the European Court of Human Rights and the European Court of Justice. It covers: the context and background to European non-discrimination law (including the UN human rights treaties), discrimination categories and defences, the scope of the law (including who is protected) and the grounds protected, such as sex, disability, age, race and nationality. The handbook is aimed at legal practitioners at national and European level, including judges, prosecutors, lawyers, law-enforcement officials, and others involved in giving legal advice, such as national human rights institutions, equality bodies and legal advice centres, to whom it will be distributed. It can also be consulted on-line or downloaded (see and there is an accompanying CD-Rom dealing with the relevant legislation, specialist literature, case studies and case-law summaries. It is already available in English, French and German. Versions in Bulgarian, Czech, Hungarian, Italian, Romanian, Spanish, Greek and Polish will follow shortly and the material will eventually be available in almost all EU languages as well as Croatian. Launching the new handbook today at a seminar for judges and legal practitioners at the European Court of Human Rights, the Court’s President Jean-Paul Costa said: “The handbook will improve access to justice for victims of discrimination across Europe. It sets out a complicated system of rules in a simple and comprehensive manner. It is fitting that this successful joint venture should be launched as we prepare for the accession of the European Union to the European Convention on Human Rights.” FRA Director Morten Kjaerum said: “This handbook is a practical tool to help people in disputes at Member State level, because after all, this is where rights are actually enforced. Resolving disputes at the level closest to the victim has several advantages – it is less costly, less time-consuming and less distressing.” There are two sessions at today’s Court seminar dealing with: the achievements and challenges of European non-discrimination law, and applying European non-discrimination principles at national level. The launch seminar will be video-streamed live on

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