Terrorist offences
| Since the attacks of 11 September 2001, the European Union has been determined to step up the fight against terrorism. With this in mind, it has adopted a Framework Decision urging Member States to align their legislation and setting out minimum rules on terrorist offences. After defining such terrorist offences, the Framework Decision lays down the penalties that Member States must incorporate in their national legislation. |
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ACT
Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism.
SUMMARY
The Framework Decision is applicable to any terrorist offence:
- committed with intent;
- which may seriously damage a country or an international organisation.
These offences must be committed with the aim of intimidating people and seriously altering or destroying the political, economic or social structures of a country (murder, bodily injuries, hostage taking, extortion, fabrication of weapons, committing attacks, threatening to commit any of the above, etc.).
The above offences may be committed by one or more individuals against one or more countries.
The Framework Decision defines a terrorist group as a structured organisation consisting of more than two persons, established over a period of time and acting in concert. Moreover, instigating, aiding, abetting and attempting to commit terrorist offences are also punishable.
To punish terrorist offences, Member States must make provision in their national legislation for:
- effective, proportionate and dissuasive criminal penalties, which may entail extradition;
- mitigating circumstances (collaborating with the police and judicial authorities, finding evidence or identifying the other offenders, etc.).
In addition, penalties are imposed on legal persons where it is shown that the natural person has a power to represent the legal person or authority to exercise control within the legal person.
The Member States undertake to take the necessary action:
- to establish their jurisdiction with regard to terrorist offences;
- to establish their jurisdiction if they do not, under their own law, extradite their own nationals;
- to coordinate their action and determine which of them is to prosecute the offenders with the aim of centralising proceedings in a single Member State where several Member States are involved.
They will also ensure appropriate assistance for victims and their families (in addition to the measures already provided for in Framework Decision 2001/220/JHA).
Background
The terrorist attacks of September 2001 have led the European Union to step up action in this field. This Framework Decision is thus designed to make the fight against terrorism at EU level more effective. This problem was already discussed at the European Council meetings in Tampere in 1999 and in Santa Maria da Feira in June 2000.
REFERENCES
| Act | Entry into force - Date of expiry | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Framework Decision 2002/475/JHA [adoption: consultation CNS/2001/0217] | 22.6.2002 | 31.12.2002 | OJ L 164, 22.6.2002 |
RELATED ACTS
Proposal for a Council Framework Decision of 6 November 2007 amending Framework Decision 2002/475/JHA on combating terrorism [COM(2007) 650 final - Not published in the Official Journal].
The Commission proposes to extend the scope of the Framework Decision to include three new offences: public provocation, recruitment for terrorism and training for terrorism. Despite the fact that these three offences are already included in the Council of Europe Convention of 16 May 2005 (Convention No 196 on the prevention of terrorism), it considers the amendment of the Framework Decision necessary as a result of the integrated nature of the decision-making process for the adoption of texts on penal harmonisation, the provision of a specific legal regime for harmonised penalties for infringements, and the existence of a specific mechanism, i.e. the mutual evaluation procedure.
Report from the Commission of 6 November 2007 based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism [COM(2007) 681 final - Not published in the Official Journal]
This second report notes that those countries evaluated for the first time have transposed the main provisions of the Framework Decision 'satisfactorily' according to the Commission, though some deficiencies persist. As for those countries evaluated for the second time, it notes that, while efforts have been made, a large number of the deficiencies identified in the first report remain unchanged.
Report from the Commission of 8 June 2004 based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism [COM(2004) 409 final - Not published in the Official Journal]
This report reviews the measures taken by Member States to comply with the Framework Decision on combating terrorism. According to it, most Member States have taken the necessary measures. However, certain obligations relating to specific behaviour such as aggravated theft with a view to committing terrorist acts or complicity have been transposed only in part into national law. Lastly, the report states that few Member States had notified the Commission of the transposal provisions by the deadline set.
Last updated: 24.3.2008