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The Other Side of Moon: The Schengen Information System and Human Rights: A Task for National Courts. CEPS Working Document No. 288/April 2008

Brouwer, Evelien. (2008) The Other Side of Moon: The Schengen Information System and Human Rights: A Task for National Courts. CEPS Working Document No. 288/April 2008. [Working Paper]

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    Abstract

    The recent proposals of the European Commission for a European Border Management Strategy are based on an almost blind faith in the use of large-scale databases, identification measures and biometrics for immigration and border control purposes. It is clear that these measures entail a risk to the protection of not only the right to privacy and the right to data protection, but also to the freedom of movement and the principle of non-discrimination. This paper by Evelien Brouwer, lecturer at the Law School of Utrecht University, considers the human rights implications of the Schengen Information System (SIS). Describing the case of Mr. and Mrs. Moon, who have been reported as “inadmissible” in the SIS for more than ten years, the difficulties for thirdcountry nationals trying to remedy a false or unlawful SIS report are highlighted. The Moon case illustrates that the outcome of national proceedings dealing with an SIS alert can be very different. The author concludes with recommendations to guarantee individuals’ rights to effective remedies and to improve the position and powers of national courts.

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    Item Type: Working Paper
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > Third Pillar/JHA/PJC > human rights
    EU policies and themes > Policies & related activities > Third Pillar/JHA/PJC > Schengen/Prum/border control/freedom to travel
    Subjects for EU documents: UNSPECIFIED
    EU Series: UNSPECIFIED
    ["eprint_fieldname_eusries" not defined]: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > Centre for European Policy Studies (Brussels) > CEPS Working Documents
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 20 Apr 2009
    Page Range: p. 20
    Last Modified: 06 Apr 2012 12:17
    URI: http://aei.pitt.edu/id/eprint/9375

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