Directive (EU) 2017/541 on combating terrorism and replacing Council Framework Decision 2002/475/JHA

What it is

to reform the legal framework in force in the EU on the criminalisation of behaviours linked to terrorist activities. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND : acts of terrorism constitute one of the most serious violations of the universal values of human dignity, freedom, equality and solidarity, the enjoyment of human rights and fundamental freedoms on which the European Union is founded. They are serious attacks on the principles of democracy and the rule of law on which the European Union is founded. The Committee on Civil Liberties, Justice and Home Affairs adopted a report by Monika HOHLMEIER (EPP, DE) on the proposal for a directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism. The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Purpose : the committee recalled that although the fight against terrorism remains primarily a matter for Member States, the terrorist attacks in Europe in 2015 and 2016 have highlighted the need for coordinated action on the part of the Member States to combat terrorism and address the threat which foreign fighters pose within the Union. Members stipulated that the Directive establishes specific measures of protection of and assistance and support to victims of terrorism. A definition of the term ‘victim’ has been introduced. using violence or the threat of violence to compel or seek to compel a government or international organisation to perform or abstain from performing any act; attacks upon a persons' life which may cause death or injury; attacks upon the physical and psychological integrity of a person; manufacture of radiological weapons, as well as research into nuclear; release, or threatened release, of dangerous substances, including radiological or biological material; attacks against information systems. Aggravating circumstances : Member States shall take the necessary measures to ensure that it is regarded as an aggravating circumstance when the commission of a criminal offence targets vulnerable natural persons, including children . receiving training or instruction, including by obtaining knowledge, documentation or practical skills, in the making or use of explosives, firearms or other weapons or noxious or hazardous substances; any travel to a country or a Member State, either directly or by transiting through one or several Member States, when it can be objectively demonstrated that it was made for the purpose of the commission of or contribution to a terrorist offence. Financing terror : Member States shall take the necessary measures to ensure the freezing or seizure and confiscation of any funds and other assets used or allocated for the purpose of committing or attempting to commit any of the offences referred to in this Directive. Measures…

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