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The draft EU Directive on Combating Terrorism: Much Ado About What?

18 January 2016

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"The slow strangulation of the transnational public sphere continues. The publication last month of a draft EU Directive on Combating Terrorism is the Union’s initial (legislative) response to recent murders by Islamic State fighters in Europe and elsewhere. The draft Directive will recast the Framework Decision on Combating Terrorism, first adopted in 2002 and amended in 2008, and will further broaden the impact of EU law in national criminal law as regards terrorism. (...)

Taken as a whole, the Directive continues the ongoing restriction of various mobilities – of finance, information, and people – in the name of counter-terrorism. This restriction has been the hallmark of international efforts since 11 September 2001. There is an inevitable risk for critiques of such action: on the one hand it appears to be restrictive of civil liberties across Europe and on the other hand its operational usefulness is unclear. Can such a law be both draconian and ineffective? Undoubtedly. As with any EU measure the proof will be in the transposition and implementation."

See the full text: The draft EU Directive on Combating Terrorism: Much Ado About What? (EU Law Analysis, link)

See:

  • Detailed comments by Member States on the Commission's proposals in documents 5201/15 (pdf) and 5201/15 COR 1 (pdf)
  • EU to gold plate international anti-terrorism obligations with "urgent" new law (Statewatch News Online, December 2015)
  • And the original proposal from the Commission:
    Proposal for a Directive on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism (pdf)

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