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PRIVACY/EU: CAPPATO (RADICAL MEP) ASKS TO THE PRESIDENT OF THE EP TO GO TO EU COURT ON THE ACTS ALLOWING THE TRANSFER OF PASSENGERS' DATA TO THE US
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Marco Cappato, Radical MEP of the Lista Bonino and former EP rapporteur on privacy, has today sent an open letter to the President of the European Parliament, Pat Cox, to ask him to immediately activate procedures to dispute the adequacy finding decision by the Commission on the US privacy regime and the EC/USA international agreement adopted by the Council, in front of the European Court of Justice. The EP had asked for the Court of Justice to be consulted on the compatibility of the international agreement with EU law. Notwithstanding this, the Commission and the Council have adopted the acts and made the EP request void. As a result of the electoral period, the EP cannot react in time for the procedure to be stopped. Cappato affirms that the EP President has the institutional power and duty to dispute the acts in front of the EU Court of Justice on behalf of the EP and asks him to do so immediately.
Open letter to the President of the European Parliament, Pat COX:
Dear President,
During its last session, the European Parliament decided to consult the Court of Justice on the compatibility of the EC/USA agreement on the transfer of passengers' data with EU law. The Council and the Commission have decided to make this decision void because they feared that the Court would have confirmed what the EP has already affirmed for some time: the incompatibility with EU law of the acts they have adopted in a hurry to cover the blatant illegality and breach of EU privacy law since March 2003.
The Commission and the Council have exploited the fact that the EP has suspended its activities because of the electoral period, hereby breaching the principle of loyal cooperation among institutions. I believe the EP President has the duty to immediately take measures to defend the prerogatives and the rights of the institution he chairs, of its members and of EU citizens.
After the publication of the international agreement in the Official Journal, the President of the Parliament should have had started - and still should start - the procedures to dispute, on behalf of the EP, the agreement and the Commission decision declaring that the US administration assures an adequate protection of passengers' data. The critical position of the EP on these acts and their contents is crystal clear, since it has been reiterated five times - two of them asked by the President - through its votes.
The President of the EP, in case he considered that a further recommendation by the legal affairs committee was needed to proceed, should have had convened the committee, as provided by art. 166 of the Rules of Procedure, before the elections.
President Cox, you have not made any of these acts until today.
This seriously puts the credibility of our institution into question, as well as that of the respect of democracy, the Rule of Law, fundamental freedoms and notably European citizens' right to privacy.
We ask you to urgently intervene to activate procedures to go to Court on behalf of the EP against the international agreement and the adequacy finding decision and otherwise urgently convene the legal affairs committee, in order to defend the prerogatives and the rights of the EP, of its members and of European citizens, as provided by the powers and duties of the President of our institution.
Open letter to the President of the European Parliament, Pat COX:
Dear President,
During its last session, the European Parliament decided to consult the Court of Justice on the compatibility of the EC/USA agreement on the transfer of passengers' data with EU law. The Council and the Commission have decided to make this decision void because they feared that the Court would have confirmed what the EP has already affirmed for some time: the incompatibility with EU law of the acts they have adopted in a hurry to cover the blatant illegality and breach of EU privacy law since March 2003.
The Commission and the Council have exploited the fact that the EP has suspended its activities because of the electoral period, hereby breaching the principle of loyal cooperation among institutions. I believe the EP President has the duty to immediately take measures to defend the prerogatives and the rights of the institution he chairs, of its members and of EU citizens.
After the publication of the international agreement in the Official Journal, the President of the Parliament should have had started - and still should start - the procedures to dispute, on behalf of the EP, the agreement and the Commission decision declaring that the US administration assures an adequate protection of passengers' data. The critical position of the EP on these acts and their contents is crystal clear, since it has been reiterated five times - two of them asked by the President - through its votes.
The President of the EP, in case he considered that a further recommendation by the legal affairs committee was needed to proceed, should have had convened the committee, as provided by art. 166 of the Rules of Procedure, before the elections.
President Cox, you have not made any of these acts until today.
This seriously puts the credibility of our institution into question, as well as that of the respect of democracy, the Rule of Law, fundamental freedoms and notably European citizens' right to privacy.
We ask you to urgently intervene to activate procedures to go to Court on behalf of the EP against the international agreement and the adequacy finding decision and otherwise urgently convene the legal affairs committee, in order to defend the prerogatives and the rights of the EP, of its members and of European citizens, as provided by the powers and duties of the President of our institution.
