Kaderbesluit 2002/475 - Terrorismebestrijding

The notion of terrorist offence as a combination of:

A terrorist group as a structured group of two or more persons, established over a period of time and acting in concert to commit terrorist offences.

criminalise preparatory acts as offences linked to terrorist activities - examples include public provocation to commit a terrorist offence, recruitment and training for terrorism and theft, extortion or forgery with the aim of committing terrorist offences;

criminalise inciting or aiding or abetting, as well as attempting to commit certain types of offences;

establish criminal liability for legal persons and set rules and thresholds for penalties and sanctions;

establish jurisdiction regarding terrorist offences when the offence is committed in its territory or on board a vessel or aircraft flying its flag;

establish jurisdiction if the offender is one of its nationals or residents, the offence is committed for the benefit of a legal entity established in its territory or the offence is committed against the EU country’s people or institutions or against an EU institution based in that country;

establish jurisdiction in cases when it refuses to hand over or extradite a person suspected or convicted of a terrorist offence;

cooperate with other EU countries and decide which one takes jurisdiction when multiple countries are involved in a given case;

adopt measures to ensure appropriate assistance for victims’ families.

In its September 2014 report on the implementation of the 2008 framework decision, the European Commission notes that most EU countries (apart from Ireland and Greece) have adopted measures to criminalise the newly introduced offences of public provocation, recruitment and training to terrorism.

There remain some open questions on how the implementation of this framework decision in EU countries’ national laws will affect ‘indirect provocation’* and the criminalisation of acts committed by so-called ‘lone actors’**. However, the European Commission invited EU countries to clarify issues allowing it to complete its assessment.

The report stressed the need for a more comprehensive approach for law enforcement to focus on early prevention of radicalisation and recruitment to terrorism.

The report encourages EU countries to monitor and evaluate the application of criminal law measures on terrorism, giving due consideration to the protection of fundamental rights.

A more detailed overview of the transposition measures in EU countries is contained in the Commission staff working document issued to accompany the report.

In 2015, the Commission is to carry out an impact assessment with a view to updating Framework Decision 2008/919/JHA in 2016. This would be with a view to ensuring the coherence across the EU of laws against foreign terrorist fighter-related offences.

The Council is considering the signature on behalf of the EU of the Council of Europe Convention on the Prevention of Terrorism (CETS No 196) and the Additional Protocol thereto. The latter addresses the phenomenon of foreign terrorist fighters while having regard to UN Security Council Resolution 2178 (2014) of 24 September 2014.