Transparency and proportionality in the Schengen information system and border control co-operation

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書誌事項

Transparency and proportionality in the Schengen information system and border control co-operation

by Stephen Kabera Karanja

（The Raoul Wallenberg Institute human rights library, v. 32）

Martinus Nijhoff, 2008

  • : hardback

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注記

Bibliography: p. [429]-455

Includes index

内容説明・目次

内容説明

This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.

目次

  • Figures
  • Table of Cases
  • Foreword
  • Preface
  • Part I: Background to the Research and the Schengen Co-operation
  • 1 Introduction
  • 2 An Overview of the Schengen Co-operation
  • Part II: Theoretical Framework
  • 3 Human Rights Law and Schengen
  • 4 International Human Rights Information Privacy
  • 5 Data Protection Laws and Schengen
  • 6 Data Protection Principles and Interests
  • Part III: Information Systems
  • 7 The Schengen Information System and the SIRENE
  • 8 SIS Compliance with Article 8 ECHR and Data Protection Principles
  • 9 A Network of Related Cross-Border Information Systems
  • Part IV: Border Control Technologies and Policies
  • 10 Border Control and Identification Techniques
  • 11 Border Control Legal Measures and Policies
  • Part V: Recommendations and Postscript
  • 12 Post-11 September Protection of Individuals
  • Postscript
  • Appendix
  • index

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