The new EU counter-terrorism offences and the complementary mechanism of controlling terrorist financing as challenges for the rule of law. / by Maria Kaiafa-Gbandi [and three others].

Format:

Book

Author/Creator:

Kaiafa-Gbandi, Maria, 1956- author.

Series:

Brill research perspectives. Transnational crime

Brill Research Perspectives (BRP): Transnational Crime

Language:

English

Subjects (All):

Terrorism--Prevention--Law and legislation--European Union countries.

Terrorism.

Terrorism--Prevention--Law and legislation.

European Union countries.

Physical Description:

vi, 80 pages : illustrations (black and white); 24 cm.

Place of Publication:

Leiden : Koninklijke Brill NV [2020]

Summary:

This study analyses the modern EU counter-terrorism trends, focusing on two parallel axes: (a) the repressive one, where new criminal offences related to terrorist activity (receiving training for terrorism, terrorist financing, travelling and facilitating travelling for the purpose of terrorism) have been instituted, and (b) the preventive one, where establishing a framework of provisions aiming to deter terrorist financing prevails. After critically evaluating EU's interventions in both axes, the study concludes by noting a?paradigm shift? between repression and prevention in the field of countering terrorism, while suggesting proposals on a transposition of Directive (EU) 2017/541 into national legislations that adheres to the fundamental EU law principles, and a preventive control over terrorist financing that abides by the rule of law.

Contents:

2 The Justification of the Extended Criminalisation of Acts concerning Terrorism and the Respective Modern Approach in the EU: a 'Paradigm Shift'? p. 3

3 The Contemporary Model of Adopting Criminal Law Rules in the Field of Terrorism: the Principle of Legality in Crisis p. 7

4 The New Criminal Offences Related to Terrorist Activities: a Balance between Security and Respect for Fundamental Rights? p. 10

4.1 The Socio-Political Framework as the 'Driving Force' behind the Adoption of the Directive p. 10

4.2 The Transition from International Initiatives to Directive 2017/541 and the Need for Compatibility to the Fundamental Principles of Criminal Law p. 11

4.3 The Criminal Provisions of the Directive's New Counter-Terrorism Offences p. 13

4.4 Excessive Expansion of Criminalisation: Compatibility to the Principle of Proportionality and the Use of Criminal Law as Ultima Ratio-Punishing Intentions Ahead? p. 15

4.4.2 Extending Criminalisation from Providing to Receiving Training for Terrorism p. 19

4.4.3 Extending Criminalisation to the Field of Terrorist Financing p. 22

4.4.4 Criminalisation of Travelling for the Purpose of Terrorism: Addressing the 'Dangerousness' of the Offender? p. 29

4.5 Maximalistic Purpose in Offences Related to Terrorist Activities: Legal Certainty Challenged p. 34

5 Preventing Terrorism through Complementary Measures Controlling Terrorist Financing p. 37

5.2 First Axis: Measures to Exchange Financial Information and Control Cash Flows p. 42

5.2.1 Measures to Monitor and Collect Financial Information and Control Cash Flows p. 42

5.2.2 Measures to Exchange Financial Information p. 45

5.3 Second Axis: Economic and Financial Sanctions p. 47

5.4 Evaluation of the 'Complementary' Mechanism of Controlling Terrorist Financing p. 53

5.4.1 Placing the Measures within a Broader Model of Preventing Terrorist Financing p. 53

5.4.2 Measures to Monitor and Exchange Financial Information: Issues of Incompatibility with Criminal Law Principles and Fundamental Rights p. 54

5.4.3 Economic and Financial Sanctions: in Search of Their True Nature and Compatibility with the Rule of Law p. 56

6 The Counter-Terrorism Repressive and Preventive Axes as Interlinked Measure Batches and the Misperceptions between Preventive and Repressive Function p. 65

7 Conclusions-Proposals p. 66

7.1 Proposals concerning the Criminalization of Receiving Training for Terrorism p. 66

7.2 Proposals concerning the Criminalisation of Terrorist Financing p. 67

7.3 Proposals concerning the Criminalisation of Travelling and Organising or Otherwise Facilitating Travelling for the Purpose of Terrorism p. 68

7.4 Proposals concerning the Complementary Mechanism of Monitoring Terrorist Financing p. 70.

Notes:

Includes bibliographical references.

ISBN:

9789004424623

9004424628

OCLC:

1143488217