Saturday, November 9, 2013

Spies Breach "Fundamental Rights" in EU

The Guardian is reporting on continued outrage in Europe over the spying by the NSA and France, Germany, the Netherlands and Sweden.  An analysis presented to a hearing in the EU parliament in Brussels argues that EU law prohibits the actions of the spy agencies.
Sergio Carrera, a Spanish jurist, and Francesco Ragazzi, a professor of international relations at Leiden University in the Netherlands, who co-wrote the paper, made the appeal for European action at a hearing in the EU parliament in Brussels on Thursday.
They said the US National Security Agency (NSA), the UK's GCHQ and equivalent bodies in France, Germany, the Netherlands and Sweden had breached basic articles of the EU treaty, such as article 4.3 on "sincere co-operation", as well as privacy clauses in the EU charter of fundamental values and in the European charter of fundamental rights.
"It's no longer credible to say the EU has no legal competence and should do nothing on this. Sorry, we don't think this is acceptable," Carrera said.
"We are witnessing a systematic breach of people's fundamental rights," he added.
Ragazzi said: "The bigger the crisis, the more the system of checks and balances should be reinforced. This is what distinguishes democracies from police states."
The idea that espionage is a national prerogative has been widely used to deflect EU queries into the scandal. 
They said the EU parliament should threaten to block an EU-US free trade agreement unless the NSA and GCHQ disclose the full nature of their surveillance programmes.
They said MEPs should push EU countries to draft a "professional code for the transnational management of data".
They also called for new EU laws to stop internet companies giving information to intelligence services, to protect whistleblowers such as the NSA leaker Edward Snowden, and to form a permanent oversight body on intelligence matters.

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