Monday, 14 June 2004

Europarl special meeting on legality of PNR transfers to USA

The European Parliament’s Committee on Legal Affairs and the Internal Market (JURI) has been recalled to Brussels for a special meeting this Wednesday, 16 June 2004, to consider whether to initiate a new challenge with the European Court of Justice to the legality of the European Commission’s purported agreement with the USA Department of Homeland Security for the use of EU airline reservations by the DHS, and finding that PNR data given to the DHS is adequately protected (even in the absence of any USA travel privacy law).

Elections for Members of the European Parliament (MEP’s) have just been completed, but the current “lame-duck” MEP’s remain in office until their newly-elected successors take office next month (July 2004). The holding of this week’s highly unusual special session by the outgoing MEP’s is indicative of the breach of protocol by the European Commission in proceeding with the adequacy finding and agreeement over Parliament’s objections, and while Parliament’s request for an opinion from the Court of Justice on the legality of the proposed actions was pending.

Both the European Commission and the DHS have acknowledged that the Court of Justice has the power to annull the agreement and adequacy finding, on motion of the European Parliment, if the Court finds that they exceed the Commission’s authority and/or are contrary to European Union legal principles.

Link | Posted by Edward on Monday, 14 June 2004, 15:54 ( 3:54 PM)
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