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Directive on combating terrorism

[Proposed Directive on combating terrorism to bring EU law into line with the requirements of UN Security Council Resolution 2178.]

In early December 2015, shortly after terrorist attacks on cafés and nightclubs in Paris, the Commission published its proposal for a Directive on combating terrorism. This will replace the EU's 2002 Framework Decision on combating terrorism (2002/475/JHA), which was amended in 2008 (by Framework Decision 2008/919/JHA). The EU is already a signatory to a Protocol to the Council of Europe Convention on combating terrorism, but is obliged to introduce its own criminal law provisions in line with UN Security Council Resolution 2178 (September 2014). The Commission's proposals also include further measures.

One of the key targets of the proposal is the "foreign fighter", who becomes "radicalised" in Europe, travels to Iraq, Syria or elsewhere to fight for a terrorist group, and then returns to Europe, potentially willing to carry out terrorist attacks. Thus, implementing the requirements of UN Security Council Resolution 2178, the proposed Directive would criminalise "receiving training for terrorism, travelling abroad for terrorism and the organising or otherwise facilitating travelling abroad for terrorism," and the "financing of travelling abroad for terrorism".

The Commission also decided to propose the criminalisation of a number of other actions: "attempt of recruitment and training, travel abroad with the purpose of participating in the activities of a terrorist group, and the financing of the various terrorist offences defined in the draft Directive."

Despite this extensive array of proposals, the Commission declined to subject them to an "impact assessment", citing "the urgent need to improve the EU framework security in the light of recent terrorist attacks." Impact assessments are supposed to be used to "set out the logical reasoning that links the problem (including subsidiarity issues), its underlying drivers, the objectives and a range of policy options to tackle the problem. They must present the likely impacts of the options, who will be affected by them and how."

Nevertheless, the Commission's need for speed may be undermined by the Member States. A number of them objected to the proposed implementation deadline of 12 months after the measure is passed, citing the need to account for domestic parliamentary and legal procedure. A whole host of more immediate measures have been introduced over the last year in the attempt to deal with terrorism within Europe.

Background and further reading

• Statewatch
• New anti-terrorism powers passed by European Parliament (February 2017)
• Terrorism Directive: Parliamentary committee confirms legal basis as vote on new counter-terror law looms (February 2017)
• New counter-terror powers coming after hasty, secret negotiations on EU Directive completed (November 2016)
• New counter-terrorism Directive: Council text finalised (November 2016)
• New EU counter-terrorism law: worrying provisions remain in text as secret negotiations continue (November 2016)
• EU to gold plate international anti-terrorism obligations with "urgent" new law (December 2015)
• Briefing: Counter-terrorism: what the EU is discussing after the Paris attacks (November 2015)
• UN Special Rapporteur raises alarm over effect of counter-terrorism policy on civil society (October 2015)
• EU and 17 states sign foreign terrorist fighter agreement (October 2015)
• Council of Europe (CoE): European ministers adopt new legal standards for tackling foreign terrorist fighters (May 2015)
• Key European terrorism legislation may be revised (December 2014)
• UN unanimously passes resolution to combat 'foreign terrorist fighters' (September 2014)
• "Foreign fighters" phenomenon spurs dozens of new counter-terrorism policies (June 2014)
• Official documents
• Foreign Terrorist Fighters: Eurojust's Views on the Phenomenon and the Criminal Justice Response (RESTREINT/RESTRICTED, November 2015, pdf)
• Border checks on suspected "foreign fighters": Annex to the Commission Recommendation amending the Recommendation establishing a "Practical Handbook for Border Guards (Schengen Handbook)" to be used by Member States' competent authorities when carry out the border control of persons (C(2006) 5186 final) (June 2015, pdf)
• Foreign Fighters: Eurojust's Views on the Phenomenon and the Criminal Justice Response - Updated Report (LIMITED, January 2015, pdf)
• EU Counter-Terrorism Coordinator: Effective criminal justice response to the phenomenon of foreign fighters (LIMITE, 14188/14, October 2014, pdf)
• 2002 Framework Decision on combating terrorism: implementation reports: see the SEMDOC entry for the Framework Decision
• Other sources
• Recklessly unclear Terrorism Directive creates significant risks for citizens’ security (EDRi)
• The time has come to complain about the Terrorism Directive (EDRi)
• After a Fast-Track Process the European Parliament Takes a Troubling Position on Counter-Terrorism in Europe (July 2016, Amnesty International, International Commission of Jurists, Open Society Foundations, pdf)
• Meijers Committee: Note on a Proposal for a Directive on combating terrorism (March 2016, pdf)
• The draft EU Directive on Combating Terrorism: Much Ado About What? (January 2016, EU Law Analysis, link)
• Draft additional protocol to the Council of Europe Convention on the Prevention of Terrorism - Joint submission by Amnesty International and the International Commission of Jurists to the Committee on Foreign Fighters and Related Issues (COD-CTE) (May 2015, pdf)
• “Foreign Fighters” and EU implementation of the UNSC resolution 2178. Another case of “Legislate in haste, repent at leisure…” ? (April 2015, EAFSJ, link)
• Preliminary public observations on the terms of reference to draft an Additional Protocol supplementing the Council of Europe Convention on the Prevention of Terrorism (Amnesty International and International Commission of Jurists, March 2015, pdf)
• 'Foreign fighters' - Member States' responses and EU action in an international context (February 2015, European Parliament Research Service, pdf)
• Foreign Fighters under International Law (October 2014, Geneva Academy of International Humanitarian Law and Human Rights, pdf link)
• Back to post-9/11 panic? Security Council resolution on foreign terrorist fighters (September 2014, Just Security, link)
• Blowback - Foreign fighters and the threat they pose (July 2014, CAGE)