EU Council Framework Decision on Combating Terrorism

9 Apr, 2008

EU Council decided 2002 on changes in national anti terrorist laws.

Find an overview on their current implemantation in Belgium, France, Germany, Italy, Netherlands, Spain, Sweden and UK in the annual "EU TERRORISM SITUATION AND TREND REPORT 2007" given out by Europol.

Belgium
Implementation by 8 January 2004 to include the definition of terrorist offences, new investigative powers have been introduced by law of 27 December 2005, which entered into force on 30 December 2005.

France
The Counterterrorism Act of 1986 defines terrorism and the elements of this crime are defined in the penal code. Existing laws were updated by law (24 January 2006): an act of terrorism or conspiracy to commit a terrorist offence can be punished up to 30 years and a penalty of € 500,000 can be imposed. New investigative powers are now also allowed.

Germany
On 28 December 2003, Sections 129a and 129b of the Criminal Code were updated to implement the 2002 Council Decision.

Italy
Terrorism is defined under section 270 of the Criminal Code which dates back to 1980. An amendment in 2001 extended the definition of terrorism to include violence against international organisations. On 31 July 2005, a new definition was adopted reflecting elements of the Framework Decision. Law 29 of 25 January 2006 implements the directive of terrorism financing.

The Netherlands
Recruitment for the jihad and conspiracy to commit a terrorist offence were criminalised on 10 August 2004. Maximum penalties were increased (on average by some 50%) if committed with terrorist intent. A penalty of 15 years was increased to life or 20 years for actions committed with terrorist intent and from 1 year to 4 years for conspiracy to commit a terrorist offence. New investigative powers are in place as of 1 January 2006.

Spain
Existing laws were updated on 21 May 2003, where new provisions were introduced regarding the financing of terrorism.

Sweden
A new Swedish law of 1 July 2003 provides for higher penalties when an action is committed with a terrorist intent, up to a life sentence.

United Kingdom
Terrorism was already defined with the 1989 Prevention of Terrorism Act and further extended with the Terrorism Act of 2000 to include actions that can have very serious consequences for public security. The Crime (International Co-operation) Act of 2003 implements the Framework Decision with regard to extra-territorial jurisdiction over a range of terrorist offences. On 30 March 2006, a new Terrorism Act 2006 was adopted.

Source: http://www.europol.europa.eu/publications/TESAT/TESAT2007.pdf 


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