European Union plugging the gaps in the fight against terrorism

Terrorism constitutes one of the most serious threats to democracy, to the free exercise of human rights and to economic and social development. The profound changes experienced in the nature of terrorist offences, reflected in the unprecedented and tragic events of the 11th September 2001 highlighted the inadequacy of traditional forms of judicial and police cooperation in combating this form of criminality. The European Union (EU) adopted in 2002 a framework decision to fight more efficiently against terrorism. It contains a definition of terrorist offences, defines infringements linked to terrorist acts, covers behaviours which may contribute to such acts, approximates the level of sanctions between Member States and explicitly guarantees the respect for fundamental rights.

Article 29 of the Treaty on European Union specifically refers to terrorism as one of the serious forms of crime to be prevented and combated by developing common action in three different ways: closer cooperation between police forces, customs authorities and other competent authorities, including Europol; closer cooperation between judicial and other competent authorities of the Member States; and approximation, where necessary, of rules on criminal matters.

Before the framework decision was adopted, only 7 countries - France, Germany, Italy, Portugal, Greece, Spain and the United Kingdom - out of the 15 Member States of the European Union had specific laws to fight terrorism which varied from one country to another. In the other Member States, where no such legislation existed, terrorist acts were judged on the basis of common criminal offences. The existence of a common framework will facilitate police and judicial co-operation and ensure that terrorist acts are not punished differently in different Member States.

How is a terrorist act defined on a European level?

The framework decision of 13 June 2002 on combating terrorism, contains a definition of terrorist offences that combines two elements:

• Objective, as it draws a list of serious offences (such as attacks upon a person's life or physical integrity, kidnapping or hostage tking, seizure of aircrafts, etc),

• Subjective, as these acts will only be considered as terrorist offences when intentionally committed with a specific terrorist aim, as described in the framework decision.

It also defines infringements linked to terrorist activities (theft, forged documents, extortion of funds, etc.) and offences related to terrorist groups such as directing a terrorist group or participating in its activities, including by funding them in any way...

It explicitly guarantees the respect for fundamental rights such as the freedom of assembly, of association and of expression. It approximates the level of sanctions between Member States according to the principle that sentences have to be both proportional and dissuasive. To this end, different minimum maximum sentences have been set up, depending on the gravity of the offence. It contains provisions for the protection of victims of terrorist acts.

What is the scope of the European Union decision defining terrorism?

The framework decision states that the Member States will prosecute terrorist acts that take place in their own territories or on board a ship or an aircraft that is registered in that particular State.. They are also competent when the offender is one of their own nationals or residents or when a terrorist act is committed against their own institutions or people or against an institution of the European Union.. The framework decision even gives Member States the possibility of declaring themselves competent to investigate terrorist acts that have taken place on the territory of another Member State of the European Union.

When will this framework decision take effect ?

Member States were obliged to comply with the Framework Decision by 31 December 2002. On the basis of the information received from Member States and of the written report from the Commission of 08.06.2004 (Annex (PDF File 308 KB)), the Council shall assess if they have taken the necessary measures to comply with this instrument.

Is the EU decision the first anti-terrorist measure to be taken at international level?

No, the first international anti-terrorist measures ever were adopted in the framework of the United Nations, where around a dozen conventions have been adopted to combat different aspects of terrorism.

However, the most significant effort was the signing of a Council of Europe Convention in 1977, in which for the first time terrorism was treated generically, in the sense it provided for a list of concrete terrorist acts.

Programmes

• PILOT PROJECT for the victims of terrorist acts.

Keywords

• Specific
  • Approximation, decision and framework decision, fundamental rights, terrorism

• General
  • Amsterdam treaty, Charter of fundamental rights, Council of Europe, Court of Justice of the European Community, EU Council of ministers, European Commission, European Community, European Council, European Parliament, European Union, Justice - home affairs, Maastricht Treaty, Member states of the European Union, Nice treaty, Qualified Majority, Scoreboard, Single European Act, Tampere European Council, Title IV EC treaty - title VI EU treaty, Unanimity

For more information

• Judging criminals and guaranteeing individuals rights more effectively in free movement Europe