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EU: SECILE report: Report on the transposition of EU counter-terrorism measures

26 November 2013

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"In its Catalogue of EU counter-terrorist measures (CTMs) adopted since 11 September 2001 Statewatch has attempted to compile all relevant EU counter-terrorism measures adopted since 11 September 2001. This suggests that at least 239 specific EU laws and policies have been adopted in the name of “counter-terrorism” since 11 September 2001. This report considers the implementation of those measures – a process known as transposition (or sometimes “transposal”). This report is concerned with the 88 EU “counter-terrorism” laws that actually require the member states to enact dedicated implementing measures to transpose them into law or policy....

The magnitude of the task facing anyone seeking to understand how EU counter-terrorism law has been transposed is compounded by a failure to include provisions for review in the legislation itself on a systematic basis, failures on the part of the EU institutions to actually conduct those reviews, and failures to make reviews readily available and easily accessible where they have taken place. All of this leaves the public and indeed the EU institutions with little knowledge of whether these measures have actually been implemented, and, more importantly, how they function in practice. This is particularly problematic in light of the fact that legislation intended to deal with the problem of terrorism frequently impinges upon fundamental rights."

See the full report: Report on the transposition of EU counter-terrorism measures (62 pages, pdf) by Ben Hayes & Chris Jones (Statewatch)

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