Union to Terrorism
3. The European Union’s Position on Terrorism
3.2. Terrorism Suppression Strategy Adopted in the European Union The basic document governing the issue of combating terrorism and
setting the relevant objectives for the member states is the EU Counter-Terrorism Strategy adopted by the European Council at its meeting on 15-16 December 2005.38 Its overarching idea is “the European Union’s strategic commitment” to “combat terrorism globally, while respecting human rights, and make Europe safer, allowing its citizens to live in an area of freedom, security and justice.” This objective is to be accomplished through four pillars, including:
1. preventing recruitment of terrorists, 2. protecting potential targets,
3. pursuing members of terrorist networks,
4. responding to acts of terrorism and crisis management.
The first of the listed pillars aims to tackle the factors which can lead to radicalisation and recruitment of members by terrorist groups. Close cooperation of the EU states is intended to limit the activities of those play-ing a role in radicalisation; prevent access to terrorist training; establish
a strong legal framework to prevent incitement and recruitment; and im-35 OJ L 164, 22.06.2002.
36 OJ L 162, 20.06.2002.
37 OJ L 190, 18.06.2002.
38 Full text available at: http://register.consilium.europa.eu/pdf/pl/05/st14/st14469-re04.pl05.
pdf.
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pede terrorist recruitment through the Internet (paragraph 9). At the level of criminal law, that same objective is formulated in Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Deci-sion 2002/475/JHA on combating terrorism,39 which imposes the obliga-tion on national legislators to criminalize instances of public provocation to commit terrorist offences, recruitment and training of terrorists.
The second pillar sets the objective of protecting citizens and infra-structure and reducing vulnerability to attack. This will be done through:
the capture and exchange of passenger data, the inclusion of biometric information in identity and travel documents, increasing the effectiveness of the outer EU border control (paragraph 16) and raising standards in transport security (paragraph 17).
The third pillar mentioned in the Strategy embodies a wide spectrum of undertakings related to the prevention of terrorist groups’ activities, eliminating the commission of terrorist acts and prosecuting the perpetra-tors. They are: the exchange of information and intelligence (paragraph 23), mutual recognition of judicial decisions, including the key measure of the European Evidence Warrant, and improvement of the practical co-operation through Europol and Eurojust (paragraph 26), the development of new visa information systems and Schengen information system (para-graph 27), deprivation of terrorists of the means by which they mount attacks, such as weapons and explosives and false documentation (para-graph 28).
Among the priority objectives, there was an effort to enhance the ef-ficiency of suppressing terrorist financing. To this end, specific standards were enforced through Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financ-ing (referred to as the Third Directive).40 In addition to the obligations of states to introduce specific procedures pertaining to the functioning of credit and financial institutions, the Third Directive requires a separate criminalization of acts regarded as “terrorist financing” (Article 1(1)). The provision in Article 1(4) of the Third Directive reads that “terrorist financ-ing” means the provision or collection of funds, by any means, directly or
39 OJ L 330, 9.12.2008.
40 OJ L 309, 25.11.2005; cf. Mitsilegas, V., Gilmore, B. „The EU Legislative Framework Against Money Laundering and Terrorist Finance: A Critical Analysis in the Light of Evolving Global Standards,” ICLQ 1 (2007), pp. 124-129, Wójcik, J. W. Przeciwdziałanie finansowaniu, pp.
169-181.
The European Union’s Position on Terrorism indirectly, with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any of the offences within the meaning of Articles 1 to 4 of Council Framework Deci-sion 2002/475/JHA of 13 June 2002. This definition is modelled on Article 2(1) of the New York Convention (V). It does not refer, however, to it di-rectly, as is the case of Article 1(h) of the Warsaw Convention (II), adopted by the Council of Europe; by contrast, its point of reference is the Council Framework Decision of 13 June 2002, comprising the original EU acquis.
The fourth pillar set in the Strategy involves the preparation to en-sure crisis management of the effects of terrorist attacks and the limitation and elimination of their aftermath. Part of such activities will include as-sistance and compensation of the victims of terrorism and their families (paragraph 36).
It is worth noting that references to terrorism were made in the Treaty establishing a Constitution for Europe.41 They are present in the provi-sions such as: the solidarity clause (Article I-43 and III-329), the mission of Europol (Article III-276), the use of administrative measures with regard to capital movements and payments, such as the freezing of funds, finan-cial assets or economic gains (Article III-160) and the rules of undertaking missions outside the EU assisting other countries in the fight against ter-rorism (Article III-309).
The solutions adopted in the Treaty of Lisbon42 mark a new dawn in the strengthening of European cooperation. The treaty supersedes the for-mer division of the EU’s structure rested on three pillars and transfers the areas of freedom, security and justice to the domain of shared competence between the EU and its member states (Article 4(2)(j) of the Consolidated version of the Treaty on the Functioning of the European Union). Previous framework decisions are replaced by directives adopted by the European Parliament and the Council. They have an immediate effect, which was previously reserved only for the integration within the Community (1st pillar). This is how, through judicial cooperation in criminal matters, in-dividual EU member states are supposed to unify the regulations laying down the criteria of offences and sanctions “in the areas of particularly serious crime with a cross-border dimension resulting from the nature or
41 OJ C 310, 16.12.2004.
42 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (OJ C 306, 17.12.2007). The Treaty entered into force on 1 December 2009. The provisions are cited after the Consolidated version of the Treaty on the Functioning of the European Community, (OJ C 115, 9.05.2008).
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impact of such offences or from a special need to combat them on a com-mon basis” (Article 83(1) of the Consolidated version of the Treaty on the Functioning of the European Union). These minimum standards are ap-plicable in the first place to the offences expressly indicated in the treaty, such as terrorism, human trafficking, drug trafficking, arms trafficking or money laundering.