On November, 28th, the Council of the European Union adopted Framework Decision 2008/919/JHA, amending Framework Decision 2002/475/JHA. This Framework Decision aims to increase further approximated legislations in Member States in order to strengthen freedom, security and justice in the European Union.

The terrorist threat has grown and rapidly evolved in recent years, with changes in the modus operandi of terrorist activists and supporters including the replacement of structured and hierarchical groups by semiautonomous cells loosely tied to each other. Such cells inter-link international networks and increasingly rely on the use of new technologies, in particular the Internet.

Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism is the basis of the counter-terrorist policy of the European Union. The achievement of a legal framework common to all Member States, and in particular, of a harmonised definition of terrorist offences, has allowed the counterterrorism policy of the European Union to develop and expand, subject to the respect of fundamental rights and the rule of law.

This Framework Decision provides for the criminalisation of offences linked to terrorist activities in order to contribute to the more general policy objective of preventing terrorism through reducing the dissemination of those materials which might incite persons to commit terrorist attacks.

The definition of terrorist offences, including offences linked to terrorist activities, should be further approximated in all Member States, so that it covers public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism, when committed intentionally. The Decision also describes some aspects related to acts involving aiding or abetting, incitement and attemption of such offences.

Each Member State shall take the necessary measures to ensure that offences linked to terrorist activities include the following intentional acts:

• Public provocation to commit a terrorist offence.
• Recruitment for terrorism.
• Training for terrorism.
• Aggravated theft with a view to committing one of such offences.
• Extortion with a view to the perpetration of one of such offences.
• Drawing up false administrative documents with a view to committing one of such offences.

This Framework Decision shall not have the effect of requiring Member States to take measures in contradiction of fundamental principles relating to freedom of expression, in particular freedom of the press and the freedom of expression in other media. The European Parliament already confirmed its concern about this issue when expressing the support to the definitions now made by Council Decision.

Member States shall take the necessary measures to comply with this Framework Decision by 9 December 2010. In the implementation of this Framework Decision, Member States shall ensure that the criminalisation shall be proportionate to the legitimate aims pursued and necessary in a democratic society and shall exclude any form of arbitrariness and discrimination. This Decision entered into force on December, 9th, 2008.

The Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union, recalls that a global response is required to address terrorism and that the expectations that citizens have of the Union cannot be ignored, nor can the Union fail to respond to them.

In addition, it states that attention must focus on different aspects of prevention, preparedness and response to further enhance, and where necessary complement, Member States’ capabilities to fight terrorism, concentrating particularly on recruitment, financing, risk analysis, protection of critical infrastructures and consequence management.