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The Contribution of the Council of Europe to the Fight against Foreign Fighters The Draft Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism 2005
This article examines the Council of Europe’s role in addressing the threat of foreign terrorist fighters through the Draft Additional Protocol to the 2005 Convention on the Prevention of Terrorism. Developed in response to UN Security Council Resolution 2178 (2014), the protocol supplements the “Mother Convention” by requiring State Parties to criminalize conduct such as participation in terrorist associations, receiving terrorist training, travelling abroad for terrorism purposes, and related funding or facilitation. It outlines the scope, definitions, and human rights safeguards built into these offences, situating them within existing international and EU counter-terrorism instruments.
Read moreDer rechtliche Rahmen zur Bekämpfung der Terrorismusfinanzierung in Griechenland
This paper was commissioned in order to contribute to the crucial research conducted by the Max Planck Institute for Foreign and International Criminal law in the field of the financing of terrorism. It presents in a systematic way the main legal framework and counter-terrorism policies in Greece, as well as the activities of criminal justice authorities, police agencies, and other (private) actors involved in the fight against the financing of terrorist activity. It shows that Greece has implemented most of the major international counter-terrorism provisions in a coherent yet not uncritical way as far as their content is concerned, despite the ongoing controversy regarding the role of the traditional protective principles of criminal law in these fairly new fields of criminal investigation and prosecution.
It has not, however, been possible to avoid the sometimes unfeasible parallel existence of multiple legal norms, such as the substantive penal rules defining terrorism and …
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The French “War on Terror” in the post-Charlie Hebdo Era
The article analyses France’s counterterrorism policy in the wake of the January 2015 Charlie Hebdo attack. It traces the evolution of French counterterrorism law since 1986, highlighting shifts after major attacks, and examines post-Charlie measures including expanded intelligence powers, new databases, reinforced offences on glorification and preparation of terrorist acts, and strengthened frameworks against terrorist financing. The author discusses the rapid legislative response, its focus on surveillance and law enforcement capacities, and the tensions it raises between security objectives and the protection of fundamental rights.
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Editorial for
Issue 4/2014
Editorial Guest Editorial eucrim 4/2014
Since the Lisbon Treaty, the concept “Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments” has acquired a constitutional rank. All the European institutions recognise that, in order for the principle of mutual recognition to become effective, mutual trust needs to be strengthened, and that mutual understanding between the different legal systems in the Member States will be one of the main challenges of the future. The promotion of a European legal culture among judges, prosecutors, and judicial staff is considered to be of paramount importance. Unfortunately, since the 19th… Read more
Better Regulation in European Criminal Law Assessing the Contribution of the European Parliament
The entry into force of the Lisbon Treaty on 1 December 2009 resulted in a number of important changes for the democratic accountability of European criminal law. Among them is the enhanced role of the European Parliament as regards the adoption of EU legislation in this area. This coincides with the Charter of Fundamental Rights of the European Union (EU Charter) achieving binding status.1 A new European Parliament was installed in July 2014, followed by the confirmation of the Commission presided over by Jean-Claude Juncker. Together with the Council, these European institutions now have the obligation to make a convincing… Read more
European Perspectives on Rights for Victims of Crime
I. Introduction: The EU framework on victims’ rights Unlike other initiatives seeking to consolidate the area of “freedom, security and justice,” it would be justified to consider the EU action on victims’ rights as a clear success story. Improving the rights, support, protection, and participation of victims in criminal proceedings, alongside capturing and punishing the offenders, has been a focus of Union policy during the past few years, especially since the need for action in this field had been identified as a strategic priority by the Commission in the Action Plan implementing the Stockholm Programme of the European Council.1 The… Read more