By Evelien Brouwer

Considering the fact that its release in 1995, the vast majority of own facts held within the Schengen info procedure (SIS) matters third-country nationals to be refused access to the Schengen territory. This research finds why using SIS (and the second one new release SIS or SIS II) involves a danger to the security of human rights, reminiscent of the appropriate to privateness and the ideal to info safety, but additionally the liberty of stream of people and the primary of non-discrimination. This examine describes the implementation of SIS in respectively France, Germany, and the Netherlands and the to be had felony treatments in either facts safeguard and immigration legislation. at the foundation of 3 common ideas of ecu legislations, minimal criteria are constructed for potent treatments for people registered within the SIS, but additionally different databases equivalent to Eurodac or the Visa info procedure.

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In addition, these countries have a long history of developing data protection law and a developed system of judicial remedies in immigration law. In the national Part, I will describe the national criteria for reporting third-country nationals in the SIS I on the basis of Article 96 CISA, and the provisions in national law with regard to the rights of the persons concerned. Finally, an analysis will be made of the available case law to see how the national courts and data protection authorities have dealt with individual complaints with regard to the SIS.

29 In this paper, the Commission called for acceleration and a new political impetus with regard to decision-making in this area. The Council should play a stronger role by co-ordinating negotiations which, at that time, took place in various groups. According to the Commission, this work needed to be speeded up in order to respect the 1992 timetable. The Commission considered itself competent to come forward with proposals for legislation if the intergovernmental framework failed to develop the necessary instruments.

54 The first consolidated document on compensatory measures was the aforementioned Palma Document. The Palma Document differentiated between “ad intra” and “ad extra” measures. Where the first category included cooperation in the field of combating terrorism, drug trafficking and judicial cooperation, the latter involved the (tightening of ) controls at external frontiers. According to the Palma Document, these measures implied legal, administrative and technical instruments and the harmonisation of criteria for the treatment of non-Community citizens.

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