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Data Protection in EU

Europe/Innovation/Policy/Social di

Data Protectione in Europe travels on two main channels: the juridical-legislative one and more operational one, which normally takes effects in Internal Affairs.



In facts, Brussels has been looking for a long time to regulate the delicate topic, which clearly founds large difficulties, due to the large differences between the  legal systems of the Members States. As we already mentioned on, Europe legislates under a procedure known as co-decision,  jointly divided, although with different tasks, between the EU Council and the European Parliament.

Two legisltative instruments are being studied in the Council: a Directive and a Regulation. As known, one commits Member States to a result and, at most, within specified timelines, leaving some margin of discretion to the countries concerned on how to achieve the goal. The other tool, however, binds in detail  all EU states.

At the table of the Council Group dealing with the matter, called DAPIX (Data Protection Information Exchange) and its subgroups, sit – for almost all member states – representatives of the judiciary and the Privacy Authorities, that interface from time by time on the various chapters and articles of the texts in question, and that relate to their Countries on ongoing proceedings.  In certain subgroups, also representatives frome the Police Forces of the Member States, who are directly involved in the use of databases for purposes of investigation and prosecution, have the task to intervene and to converse on the effectively outcomes produced by specific legislation of the sector, such as the c. d. Prüm Decisions.

Recent rumors portend that the approval of the the two pieces of legislation – the one with general characteristics and the other laying down more stringent ones – it’s pretty close and that the current Presidency, currently assigned to the Grand Duchy of Luxembourg, wants to remove all possible obstacles. On the sidelines of the legislative process in place, we must mention the presence of a major European institution: the EDPS, the European Data Protection Supervisor.

Since the European institutions deal with collection, recording, store or use of the information related to the data of EU citizens, one of the main tasks of the European Institution is, of course, to act as a checker on compliance with current privacy laws. But this form of control is also reflected in the handling of complaints from citizens who call upon its intervention and the management of related disputes, or in the surveillance of new technologies that in any way may affect data protection. Last but not least, an advisory function to the institutions and bodies on all aspects related to the processing of personal data and related policies and legislation is ensured. The Role of European Supervisor is currently governed by the Italian magistrate Giovanni Buttarelli.

The adoption of common rules on  protection of personal data, which deserves a lot of volumes of discussion, is a complex and sensitive area that will produce inevitable effects even in enterprise security and the economic system of the Member States. Consider, for example, the establishment of the post of Privacy Officer, who will become a key figure in the decision making of enterprises and that will assist the Security Manager in the management of the  security  of logic and digital information.


Domenico Martinelli


Italian Defense in the global context

Europe/Policy di

The Italian Defense increases efforts to maintain stability in crisis areas, by coming to terms with the new cuts imposed on the industry and maximizing international cooperation’s benefits.

This is the new orientation of the national military policy, inserted into a global relationship system, that on the one hand guarantees the support of operational and technological synergies, on the other hand requires efficient answers to the new challenges posed by the global geopolitical context.

While America formally asks us to confirm the commitment to contain the problem of Ukraine and to calm the relation with Russia, Europe entrusts us a leading role in resolving the crisis that closely threatens Mediterranean. This means that we must establish an “impartial” dialogue with Middle East countries, reinforce the basic relations with Egypt, resolve the Libyan issue, monitor the migration routes and take responsibility for the stability of the whole area. In this perspective, Italy must be a leader in ensuring the effectiveness of collective instruments such as the European Union and the Atlantic Alliance for the strengthening of the EU Common Security and Defence, promoting the sharing of resources between countries’ members, also in terms of fiscal incentives for military sector. According to the White Defense Paper’s directives, presented by the Minister Pinotti, Italy aims to prefer the multilateral partnerships to the bilateral ones, contrary to the past, in order to enhance the transatlantic bond thanks to the agreement between the European dimension of Defense and NATO.

After defining the euro-Atlantic and Mediterranean regions as priority areas of intervention, the presence of our soldiers in marginal operations has been considerably reduced. Of the more than thirty missions spread across all continents, therefore, remain in operational twenty-four, in the ONU, NATO and EU settings. Among these, strategic missions are MIBIL UNIFIL in Lebanon, intended to support the population and the country’s structure after the Syrian conflict; the Resolute Support in Afghanistan, consecutive to ISAF and focused on training Afghan militias; KFOR in Kosovo, which provides support to humanitarian organizations assisting refugees; the two European Union Training Missions in Mali, against local terrorist groups, and in Somalia, where Italy participates in the European strategy for the Horn of Africa security; the “Prima Parthica” operation in Iraq, in contrast to the ISIS, and finally the MIL operation in Libya, started after the civil war resulted in the fall of Gheddafi.
Viviana Passalacqua

EU Parlament focused on culture developement

BreakingNews @en/Europe/Policy di

Culture’s role in development policy will be the key focus for the six coming months, ministers for culture Maggy Nagel and education and research Claude Meisch told the Culture and Education Committee on Tuesday. Completing the digital single market is another of the Luxembourg ministers’ priorities. Concerning education, priority will be given to integrating national education systems, lowering the dropout rate and promoting an active civic engagement of young people, to prevent marginalization and youth radicalization.

MEPs asked about and debated issues to do with funding education, supporting multilingualism and striking a fair balance between access to content and remunerating its creators in the digital world.


Libya: International Community is waiting Tripoli

Crucial week for the composition of national unity government. Italian Foreign Minister Gentiloni and the UN ambassador Leon are pressing Tripoli Prime Minister Abusahmin. After the agreement, International Community could decide on military operation. But Isis has published a video against Tobruk executive branch.

“This is a warning to Haftar and his companions, the atheists who gather in Parliament, we will not be tolerant, we will have pleasure to slit yours throats.” These are the words of jihadist Abu Yahya Al-Tunsi in a video posted (“Message of Sirte”) on internet by ISIS. The threats to the Tobruk government have arrived in crucial week for the formation of the national unity government because Tripoli will must decide if it wants to sign deal.

Last 1st August, Italian Foreign Minister Paolo Gentiloni Bernardino Leon and the UN mediator met Prime Minister Nuri Abusahmin Tripoli in Algeria. They tried to follow up Shikat agreement of two weeks ago, when all factions, except the government supported by the Muslim Brotherhood, agreed on Libyan national unity government. Despite many difficulties in the negotiations in recent months, Tripoli has continued to negotiate: so agreement could be not so far.

This deal is urgent for International Community, especially for the Eu. After institution of Libyan national unity government, an Un military mission could start. It could include Italy, France, Germany, Great Britain, Spain and the United States which, according to La Repubblica, would provide only logistical support to the operation.

Meanwhile, on August 3rd another video was broadcast on internet. It documents torture suffered by Al-Saadi Gaddafi, the Rais second son, in Tripoli prison. These bloody images bring the opening of an investigation by the Attorney General of Tripoli.
Giacomo Pratali


Foreign Fighters: EU increasingly involved in the fight to terrorists.

consiglio-dei-ministri-dellunione-europea BRUSSELS: – In order to allow the best implementation of its priorities  for preventing and combating terrorism,  the Council was recently asked  to authorize the EU Commissione to sign, on behalf of the Union, the  Council of Europe’s Convention regarding the Prevention of Terrorism,  and its Additional Protocol.
Let’s start with a clarification necessary to non-experts: the European  Council, the Council of the European Union and the Council of Europe  are totally different things. The European Council is  a purely political  institution, which does not hold any legislating power. It consists of the Heads of State or Government (who participate depending on the framework of national laws) and only adopts a policy agenda of the Union.
The Council of the European Union, together with the European Parliament, is instead the body responsible for lawmaking, in the co-decision procedure. It consists of the individual national ministers, who meet each others in OLYMPUS DIGITAL CAMERAcertain “formations“, according to the subject to be discussed, and legislate on the basis of groups and subgroups within the Board, which consist of officers and directors of individual government departments, competent for items to be discussed.
The Council of Europe is an international organization totally alien to the European Union, which aims to promote democracy, human rights, the European cultural identity and the search for solutions to social problems in Europe. It is composed by 47 Member States and was created in 1949.
This mandatory digressione is useful to understand that the adoption of the Additional Protocol to the Convention is an important step forward in the view of a stronger European response to terrorism, in particular against the threat posed by the in-famous “foreign fighters”. The protocol implements some provisions of resolution 2178 (2014) of the UN Security Council on Consiglio-dEuropaterrorists foreign fighters, such as the criminalization of activities such as travel to third countries for terrorist purposes (eg to receive training) or participation in terrorist groups’ actvivities or training for the purpose of terrorism. The Convention requires all Parties to designate permanent contact points to facilitate the rapid exchange of information about persons suspected of traveling abroad for terrorist purposes.
So far, the European Union has not signed the Convention and its additional protocol, but has implemented some of their provisions in the 2008 Framework Decision on Terrorism, which will be updated in 2016. Since the Protocol is an addition to the Convention, the Commission intends to sign both at once, to open the way for the implementation of their provisions. We look forward to the EU Council, in its “Justice and home affairs” formation. We hope it will give the green light to the signing of a document that will hinder even more growth and power of the subversive terrorist networks.

Eu: “No military mission in Ukraine”

Defence/Europe/Policy di

Setting Ukraine entry in European Union in Kiev summit beteween Donald Tusk and Petro Poroshenko.

“We are only thinking about civilian mission, not military”. As European Council President Donald Tusk replied to Ukraine President Petro Poroshenko, after he asked European Union an army operation to fight pro-Russians rebels in Donbass. In Kiev summit, Poroshenko said also that Ukraine could reach “necessary requirement to access to Eu in five years”.

About the Eu entry, Ukraine Prime Minister Arsenij Yatseniuk told on La Repubblica in 21st April that “it caused Putin and rebels attack in Donbass. Our civil war costed 1800 soldiers and 6000 civilians killed from 2014. Moreover, the ceasefire is not respected by separatist, who are following to use weapons and fire”, he ended. On the other hand, three pro-Russian journalists are killed in Kiev last week: Oles Buzina, Sergej Sukhobok and Oleg Kalashnikov. While Vladimir Putin told of “political assassination”, several Ukrainian big names unbelievably celebrated them.

Giacomo Pratali


Migrants: Renzi-Ban Ki Moon summit

Defence/Europe/Policy di

The Italian prime minister leaned on the UN Secretary General for international police operation against the boats from Libya.

“Stopping human traffickers in order to prevent a humanitarian catastrophe is an absolute priority, and we count on UN support for this”, Italian Prime Minister Matteo Renzi said during the summit with United Nations Secretary-General Ban Ki-moon EU High Foreign Representative Federica Mogherini. They met on board the San Giusto in Sicily Channel because “I want to physically show him what Italy is doing”, Renzi reiterated.

Migrants slaughter and many landings planned in the coming months made this meeting necessary. After more funding to Triton operation, set last Thursday by the European Council, Italian premier, supported by France, Great Britain and Spain, wishes for an “international police operation” aimed at destroying vessels.

Ban Ki Moon told about an “humanitarian emergency which entire International Community have to answer defending the asylum right. While regarding to Lybian context, Un Secretary General said that “there are no alternatives to dialogue on Libya. Special UN representative Bernardino Leon and his team are following to work with the Libyan sides involved to help them reach together a compromise”, he ended.
Giacomo Pratali


Risk and Climate change

Defence/Policy di

Climate change is becoming a daily topic of discussion. What is notable is the importance that it has acquired in political debates and academic talks. First of all, is not a new that climate is changing. The new is how fast it is happening and, due to interconnections and interactions between societies and economies, how it is affecting entire regions, how its implications are spreading throughout the planet. What makes it so dangerous is the proportion of changes in time. We live in an incredible age of prosperity, opportunities and global growth that, despite the economic and financial crisis is with no doubts the biggest ever (in terms of quality, quantity, distribution, technology and assets). All this – that is as well bad connected and distributed – is a sign of how much every aspect of our live is dependent from another in terms of space and time.

Studies affirm that in the last thirty years global warming rose much more, in comparison, than in the last 1400 years and in this period the biggest impact of pollution on temperature has been detected in the last 30 years. Researchers agree in defining climate change as a threats multiplier, an accelerant of instability and, most important, an influential ingredient able to exacerbate tension and make conflicts more likely. By acting directly on human essentials needs, it poses new concerns due to his intrinsic ability to stress society, economy, security and infrastructures.

We can divide the risks in two categories. A first risk is the direct one, meaning with this the classic and unfortunately continuous phenomenon like storms, extreme rainfalls, droughts, hurricanes, that have a direct impact on cities for example, causing direct damages to infrastructures. The other one is the indirect risk, the secondary one, or the so called collateral damage we may say. Not for this less dangerous than the first one. This type of risk is a dangerous and worrying one because of one main reason:  the more we rely upon technology, infrastructures and services of different nature to satisfy our needs, the more we have to be concerned of those threats that are able to undermine our security and protect assets and infrastructures. The reason why this two risks can be considered different and at the same time interconnected and dependent one from another is because of the interconnections between economies: society is now a vital asset itself. The interconnection in trade, transport of goods, people, informations as well as the financial system is the key element of our century and will be greater and greater in the next future. This considered, we can assume that a risk can spread its effects out its physical borders, being not more confined to national boundaries or local interest. Given that this has surely dangerous impacts, the point we all have to agree upon is on how much risk we decide to take; considering the inevitability of climate effects on the environment and societies and the absence of a zero risk policy we shall act differently in short time, medium time and long time by taking  necessary measures on the ground of what estimates say and how we want our future planet and lives to look like in the next future. This policies cannot be pushed back to a “to be defined” date.

The wisest decision is the one that is focused on cooperation and, of course, taking in consideration that there are changes that cannot be stopped, other can be measures and therefore faced with policies of sustainability, territory development and enhancement should be a priority. What is sure is that we shall respond to this changes, military shall and politicians too. One of the consequence experts consider to be likely is the increasing role of the army in society. What we are going to face (not to be pessimistic) is an increase of instability around the world both national and international that had to be summed with changes in society needs, economic crisis (or fluctuation), spread of globalization etc. In a world so interconnected, in which distant regions are influenced by different changes in politics, environmental disasters, economic stresses and conflicts, respond by taking a conservative policy is far from being the correct solution. Experts think that policies to mitigate or face this threats can still be set up. Build resilience measure is an important action against such change, also because it helps build cooperation between countries. In his study Mabey sustains that a large scale adaptation measure is needed even with aggressive measures, because climate has its own recovery time. Other studies affirm that even with the most aggressive mitigation measures and the stop of air pollution our planet will take decades to recovery. A scenario that is not exactly so reassuring. Mabey continues saying that some mitigation policies shall be considered as temperature rises and explains that mitigation scenarios diverges radically with different lower emissions policies. He continues affirming that a risk mitigation scenario should be considered for a rising in temperature of two degrees and, for every level he suggests defensive adaptation policies and mitigation. There is an interesting connection that this data shows between climate policies and government failure that has a strong value. Due to the impacts that climate will have on societies, the way government will figure out responsible policies will also be able to determine their degree of competition and, in the worst case, survival or collapse. The difference between successful or failed climate mitigation policies, in those nation where there are weak institutions will make the difference. Although his call to stay below the 2°C has been already crossed, he proposes three different approaches to the problem: despite the aim to stay below the rise of 2°C and set mitigation goals (for a rise that can be in this case manageable) and resilient regimes and policies with independent national assessments and frameworks, he considers the possibility of a further increase between 2°C and 4°C suggesting to adopt adaptation strategies for greater and several events (also interconnected), improve humanitarian intervention and international resource management framework. The last one is the worst, the case in which temperature will rise up to 7°C: the contingency plan will have to provide a framework planning for crash mitigation.

What we said about Mabey’s risk mitigation theory is, although sharable, an appropriate tool that can serve the investigation of those policies that will be surely common in the next future and are, indeed, an important point of discussion and friction between nations.

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Francesco Danzi
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