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Radicalism and Terrorism in the 21st Century

Implications for Security

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Edited By Anna Sroka, Fanny Castro-Rial Garrone and Rubén Darío Torres Kumbrián

This book addresses the issues of radicalism and terrorism, which are of exceptional importance and relevance in contemporary society. Each of the two phenomena are analyzed from a multidisciplinary perspective. The book contains articles which explore legal, political, psychological, economic and social aspects of radicalism and terrorism. A portion of the contributions are of a theoretical nature, they constitute an attempt at constructing analytical frameworks for studies on the two phenomena. There are also studies of particular cases, such as radicalism in Poland and in Spain, as well as within the European Union as a whole. This collective work is a response to the need for analyses of two issues which are increasingly responsible for determining the level of security which characterizes the contemporary world.

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Legal Instruments and Specific Actions in the EU’s Fight against Terrorism (Teresa Marcos Martín)

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Teresa Marcos Martín

Legal Instruments and Specific Actions in the EU’s Fight against Terrorism

1. Introduction

Terrorism is one of the key global challenges and one of the priorities of the European Union. It poses a threat to our security, to the values of our democratic societies and to the rights and freedoms of European citizens. Terrorism is not a new phenomenon in Europe, but recent developments impose new perspectives on it.

In this paper, I shall present an overview of how the EU institutions, in close cooperation with the Member States and other international organizations, have tried to fight this phenomenon and to grant protection to citizens potentially affected by the activity of terrorist groups.

2. Definitions

Before entering the topic, the author considers it appropriate to review some definitions contained in the various legal instruments adopted in the field. Among the notions found in the acts adopted by the European Union, I choose those in the Common Position 2001/931.1 I believe that, although this legal instrument has more than a decade, the definitions may trace back essentially to current situations.2

Under this act, for the purposes of this Common Position,3 persons, groups and entities involved in terrorist acts4 shall mean: a) persons who commit, or attempt to commit, terrorist acts or who participate in, or facilitate, the commission of ← 247 | 248 → terrorist acts; b) groups and entities owned or controlled directly or indirectly by such persons; and c) persons, groups and entities acting on behalf of, or under the direction of, such persons, groups and entities, including funds derived or generated from properties owned or controlled directly or indirectly by such persons and associated persons, groups and entities.

For the definition of terrorism,5 we choose the one contained in the Council Framework Decision6 of June 13th, 2002 on combating terrorism. The mere threat7 of committing such an offense should be considered a terrorist act.

3. Action Programs of the European Union in the Fight against Terrorism

The attacks in Madrid (2004) and London (2005), the frustrated attempts in the summer 2006 in Germany, the UK and Denmark, and the failed attacks in London and Glasgow in 2007, showed that the territory of the European Union is a target for global terrorism linked to Islamic-inspired groups. The European Union and the Member States are committed to jointly fighting terrorism and providing for the best possible protection for citizens. To that end, in 2005 the Council8 adopted the EU counter-terrorism strategy,9 which has provided the framework for the European Union’s activity in this field. This legal instrument aims to combat terrorism globally, while respecting human rights, to make Europe safer, and ← 248 | 249 → to allow its citizens to live in an area of freedom, security and justice. It promotes democracy, dialogue and good governance to tackle the causes of radicalization.10

The European Union is, as it is recognized in this act, an area of increasing openness, in which internal and external aspects of security are intimately linked. It is an area of increasing interdependence, allowing for free movement of people, ideas, technology and resources. This is an environment which terrorist abuse to pursue their objectives.11

In this context, concerted and collective European action, in the spirit of solidarity, is indispensable to combat terrorism. This strategy is focused on four main actions: prevent, protect, pursue and respond.12 Across these actions, the strategy recognizes the importance of cooperation with third countries and international institutions. In fact, across the measures adopted, a horizontal feature is the European Union’s role in the world. Through its external action, the European Union takes on a responsibility for contributing to global security. Acting through and in conjunction with other international organizations, the European Union will work to build the international consensus and promote international standards for countering terrorism.

The European Union is aware that terrorism remains a threat to the political foundations of the European Union as well to life and well-beings of citizens, then, political oversight of this Strategy and regular follow-up will be essential. Following this idea, contained in the Strategy itself, the European Council adopted in 2007 the so-called EU Action Plan on Combating Terrorism (2007).13 This legal instrument does not contain any relevant developments regarding the strategy.

By contrast, the EU Action Plan on Combating Terrorism (2011),14 which revises the previous one, has a greater interest. This legal instrument is linked to the question of potential risk that the phenomenon of foreign fighters poses to ← 249 | 250 → the European Union.15 It also includes a section called International Cooperation, where the European Institutions express their will to expand the strategic relations of the European Union in the fight against terrorism.16

4. Concrete Action Lines

4.1 Prevent

The historical characteristics of Europe’s counter-terrorism approach have been: first, to treat terrorism as a crime to be tackled through criminal law; and second, to emphasize the need for understanding the root causes of terrorism in order to be able to prevent terrorist acts. This idea underlies the acts of the EU institutions in recent years.

One of the EU’s priorities in the field of counter-terrorism is to identify and tackle the factors which contribute to radicalization and the processes by which individuals are recruited to commit acts of terror. Preventive measures aim, then, at combating radicalization and terrorist recruitment, identifying the methods, propaganda and tools used by terrorists.17 Although these challenges depend on the Member States, the EU helps to coordinate national policies, identify good practices and exchange information.

Key priorities for the prevention are: to develop common approaches to spot and tackle problematic behavior, in particular, the misuse of the Internet; to address incitement and recruitment, particularly in crucial environments, for example, places of religious training or worship; to develop a media and communication strategy in order to explain better the European Union’s policies;18 to promote good governance, democracy, education and economic prosperity through Community and Member States assistance programs; to develop inter-cultural dialogue within and outside the European Union; to develop a non-emotive lexicon for discussing the issues; to continue research, share analysis and experiences in order to further our understanding of the issues and develop policy responses. ← 250 | 251 →

These are the measures proposed in the EU 2005 Strategy of the European Union to combat terrorism. In furtherance of these points, the Council adopted, in turn, the EU’s strategy for combating radicalization and recruitment to terrorism. Even before the development of this strategy, the EU had worked to try to prevent, as far as possible, the actions of terrorists. I wish to refer to them, before presenting the 2005 Strategy and the revised 2014 Strategy, in order to be able to assess all European actions in this field.19

Among them, I would like to highlight the common positions 2001/93020 and 2001/931 PESC.21 In the first one, crime of financing terrorism, refusal to shelter suspects, measures to prevent recruitment into terrorist groups and to prevent the supply of weapons are contemplated.

The second position encompasses a list of persons, groups and entities involved in terrorist acts to which the measures to freeze funds and other financial assets or economic resources involved in terrorist acts. Therein lies, in my opinion, much of the value of this event,22 especially for the practical approach.

Moreover, these instruments are the result of the necessary cooperation between International Organizations. In fact, their adoption reflects the desire of the EU to implement Resolution 1373 of the United Nations Security Council.23 Also the fight against the financing of terrorist activities had already been approached. The Council Regulation (EC) No 2580/2001 of December 27th, 2001,24 concerning specific restrictive measures directed against certain persons and entities with a view of combating terrorism, aims to prevent and prohibit the financing of terrorist acts, that is to say, intentional offenses which, by their nature or context, may ← 251 | 252 → damage a country when committed with the intention of seriously intimidating the population, destabilizing the country, etc.

In December 2005, the Council adopted the European Union Strategy for Combating Radicalization and Recruitment to Terrorism. The Strategy sets out three general strands for the EU’s action: to disrupt the activities of networks and individuals who draw people into terrorism, to ensure that voices of mainstream opinion prevail over those of extremism and to promote – yet more vigorously – security, justice, democracy and opportunity for all. The Strategy and the accompanying classified Action Plan contain both joint standards and new measures. While recognizing the primacy of the Member States in the field of radicalization and recruitment, the Strategy proposes a set of specific measures to be implemented at the European level. These measures cover all three pillars and require close co-operation between the Council and the Commission.

The Action Plan on Combating Radicalization and Recruitment adopted in 2005 instructed the Council, in consultation with the Commission, to draw up a communication strategy with the purpose of combating radicalization and recruitment to terrorism through effective communication of the EU’s values and policies in the media. On this basis, the Media Communication Strategy was developed and adopted by the Council in July 2006, consisting of three main parts: 1) key messages on counter-terrorism; 2) suggestions on how to deliver the key messages to various audiences; 3) a common lexicon which has been expanded over time. The strategy is designed to use communication of the EU’s values and policies to prevent terrorism. However, it is not exclusively concerned with communication on counter-terrorism. It should be used in the context of the EU’s communication on a range of topics that may have a bearing on processes of radicalization, such as integration, human rights, the rule of law, development assistance, etc.

The Counter-Terrorism Coordinator updates the Strategy and the Action Plan for Combating Radicalization and Recruitment to Terrorism on yearly basis. Thus, in 2014 the Strategy is revised to accommodate the new risk factors that were detected in the successive international events affecting the Member States. Of particular concern is the phenomenon of terrorists or lone fighters, and recently, the growing potential of social networks for mobilization and communication. Taking into account these factors, the Council proposes the following measures: to promote security, justice, and equal opportunities for all; to ensure that voices of mainstream opinion prevail over those of extremism; enhance government communications; to support messages countering terrorism; counter online radicalization and recruitment to terrorism; to train, build capacity and engage first line practitioners across relevant sectors; support individuals and civil society to ← 252 | 253 → build resilience; to support disengagement initiatives; to support further research into the trends and challenges of radicalization and recruitment to terrorism; to align internal and external counter-radicalization work.

In December 2014, the Ministers of Justice and Home Affairs adopted a series of conclusions regarding the revised strategy. These guidelines set out a series of measures to be implemented by the EU and the Member States.25 They would contribute to the criminal justice response to radicalization leading to terrorism and violent extremism. As particular actions, these documents include measures in relation to the Structure and organization of detention regimes, alternative or additional measures of prosecution and/or detention, integration, rehabilitation and re-integration, training and learning from monitoring and exchange of practices.

4.2 Protect

The second priority of the EU’s counter-terrorism strategy is the protection of citizens and infrastructure, as well as the reduction of vulnerability to attack. This includes the protection of external borders, the improvement of transport security, the protection of strategic targets and the reduction of the vulnerability of critical infrastructure.

In particular, in European Union Strategy includes, as specific measures: to deliver improvements to the security of European Union passports through the introduction of biometrics; to establish the Visa Information System and the second generation Schengen Information System; to develop through Frontex an effective risk analysis of the European Union’s external border; to implement agreed common standards on civil aviation, port and maritime security; to develop a European program for critical infrastructure protection; to make best use of European Union and Community level research activity.

In the action plan on combating terrorism (2007), and especially in the Action Plan on Combating Terrorism (2011), these measures are developed, and new measures are incorporated, in relation to the Cyber Security26 and the security of explosives.27 ← 253 | 254 →

4.3 Pursue

The EU is working to hinder terrorists’ planing and organizational capacities, and to bring these terrorists to Justice. To achieve these goals, the EU has focused on strengthening national capabilities, improving practical cooperation and information exchange between police and judicial authorities (in particular, through Europol and Eurojust), tackling terrorist financing and depriving terrorists of the means by which they mount attacks and communicate.28

In particular, the 2005 Strategy includes, as its key priorities: strengthening national capabilities to combat terrorism; making full use of Europol and Eurojust to facilitate police and judicial cooperation; inducing a further development of mutual recognition of judicial decisions and adopting the European Evidence Warrant; ensuring full implementation and evaluation of existing legislation as well as the ratification of relevant international Treaties, and developing the principle of availability of information possessed by law enforcement agents.

The Action Plan on Combating Terrorism (2011) stresses the need to continue and increase the efforts to uncover terrorist networks, to impede communication, travel and planning activities of terrorists and their supporters; to cut off funding and access to attack materials, and to file them in court. This document includes measures in relation to data sharing,29 Passenger Name Records as a key element in the fight against international terrorism, and the need of approximation of Member States’ criminal law and mutual recognition.30

4.4 Respond

This objective of the EU’s counter-terrorism strategy is to prepare (in the spirit of solidarity), to manage and to minimize the consequences of a terrorist attack. This is done by improving capabilities of dealing with the aftermath, the coordination of the response, and the needs of victims. Priorities in this area include the ← 254 | 255 → development of the EU’s crisis co-ordination arrangements, the revision of the civil protection mechanism, the development of risk assessment and the sharing of best practices in terms of assistance to victims of terrorism.

In relation to the civil protection mechanisms,31 the main instruments for reaching these objectives are Council Decision 2007/162/EC, Euratom of March 5th, 2007 establishing a Civil Protection Financial Instrument32 and Council Decision 2007/779/EC/Euratom of 8 November 2007 establishing a Community Civil Protection Mechanism (recast).33 Both are major elements in the Protect and Respond chapters of the EU Counter-Terrorism Strategy.

The solidarity in the protection of victims of terrorism remains a major concern for European Institutions. The Action Plan on Combating Terrorism (2011) underlines that assistance and compensation to the victims of terrorism has to remain an integral part of the EU’s policy. The Member States and the Commission shall continue their work and assistance to victims and organizations representing victims of terrorism.

5. The Counter-Terrorism Coordinator

Following the terrorist attacks in Madrid on March 11th, 2004, the European Council adopted a declaration on combating terrorism. Among the measures included in this declaration was the establishment of the position of a Counter-Terrorism Coordinator. His/her task, which includes 6-monthly reports on the implementation of the various Strategies, can be summarized as follows: coordinating the work of the Council in combating terrorism; presenting policy recommendations and proposing priority areas for action to the Council; closely monitoring the implementation of the EU’s counter-terrorism strategy; maintaining an overview of all the instruments at the European Union’s disposal; reporting to the Council and following up Council decisions effectively; coordinating his/her actions with the relevant preparatory bodies of the Council, the Commission and the EEAS, and sharing information with them; making sure that the EU plays an active role in the fight against terrorism; improving communication between the EU and third countries in this area. In fulfilling this mandate, the main task of the coordinator is the collaboration in reviewing different strategies. This work, ← 255 | 256 → as we have seen, is critical because, as recalled in all instruments, strategies shall constantly be revised and adapted.

6. Specific Strategies to Fight against the Islamic State

In the Outline of the counter-terrorism strategy for Syria and Iraq, with particular focus on foreign fighters,34 the European Union redirects the four points (prevent, protect, pursue and respond) to this specific scope.35 Regarding the prevention, the European Union needs to be sensitive to the differing motivations for travel. The European Union should also work with the third countries that are significant source of foreign fighters, particularly the Maghreb, or transit countries. In particular, the Union should aim to provide alternative non-violent outlets, such as diversionary activity for those who are attracted to the Syrian and Iraqi conflicts.

Regarding the question of pursuit, the European Union should work with the third countries to improve operational co-operation in order to identify and dismantle recruitment and facilitation networks, as well as to identify and prosecute foreign fighters. Given the role of kidnapping for ransom in raising funds for ISIL/Daesh, the European Union should promote its position on this issue and raise awareness of the risks (in particular, in the private and non-governmental sectors). The European Union should consider undertaking appropriate actions to strengthen border security (including at airports and other border-crossing points) in countries surrounding Syria and Iraq in order to help detect and complicate travel and identify quickly those who may pose a threat. In addition, the Union should work to better understand how terrorist groups in Syria and Iraq are acquiring their weapons and equipment, and act to prevent weapons proliferation (both into, and out of, Syria and Iraq).

In the field of protection, building capacity regarding aviation security regionally should also be a priority. Containing the threat within the Syrian and Iraqi borders must also include actions aimed to prevent advanced conventional weapons or weapons-technology from seeping out. Finally, regarding the question of responding, the Union should build capacity in the region to respond to terrorist attacks. This should include helping to empower civil society, including developing crisis management tools, to enable them to respond to attacks that target their communities. ← 256 | 257 →

The Annual Report 2015 to the European Parliament by the High Representative of the Union for Foreign Affairs and Security Policy suggests some guidelines to follow, to deal with the terrorist threat posed by the ISIS. The document supports the global coalition against the Islamic State and its efforts to fight militarily against it. Federica Mogherini’s document also stresses the urgent need to counter the use of the Internet by jihadi groups for recruitment and propaganda. Finally, she insists on the need to increase international cooperation and cooperation within the EU, designed to prevent extremists from traveling to Syria and Iraq to join the jihadist fight.

As to the recent initiatives to combat terrorism in general, in their Statement on counter-terrorism of February 12th, 2015,36 the members of the European Council set out an ambitious agenda based on three pillars: ensuring the security of citizens; preventing radicalization and safeguarding values; cooperating with our international partners.

7. Conclusion

The EU’s institutions have reacted to new international events, and this, in itself, should be considered a positive development. It is an entirely different matter whether such reaction, and that of Member States, has been effective. It largely depends on how Member States are implementing the relevant anti-terrorism policy. Terrorist groups are capable of reinventing themselves on a daily basis.

One of the weak points of the strategy to counter terrorism is, in my view, the protection of the victims. The instruments studied in this work express much concern for victims but lack specific measures to address their needs and the challenges posed by their protection. The EU and its Member States must face these issues as soon as possible if victims are to enjoy adequate protection.

In all legal instruments, especially the most recent, a great concern for the issue of foreign fighters is detected. However, other measures which, in my opinion, are of vital importance – such as those related to the control of exports in order to prevent terrorists to divert, so that terrorists can divert weapons, goods or dual-use technologies – are missing.

Another striking fact detected in this work is that although there are rules and policies designed to prevent the funding of terrorist activities and to establish lists ← 257 | 258 → of individuals and groups involved in terrorism, rules governing the exchange of information are scarcer, even though the need for such rules is a pressing one.

Cooperation with the third countries and international organizations is intense in the field of prevention. This is evidenced by the agreements with the United States and the accession of the European Union and the Member States to international instruments, such as those related to weapons of mass destruction. The relation between the EU and the UN revolves around two different issues: an acceptance of a series of principles, notions and standards adopted in both organizations, on the one hand, and an active promotion of the EU and the UN’s policies, with a view of developing a global strategy.

References

J. Alcaide, Las actividades terroristas ante el Derecho Internacional Contemporáneo, Tecnos, Madrid 2000.

A. Asúa, Concepto jurídico de terrorismo y elementos subjetivos, en Estudios Jurídicos en memoria de José María Lidón, J. I. Echano Basaldua (ed.), Universidad de Deusto, Deusto 2002.

Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism ((2001/931/CFSP), available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32001E0931, accessed 2 February 2016.

Council Framework Decision of 13 June 2002 on combating terrorism (2002/475/JHA), available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32002F04759, accessed 1 February 2016.

Council Regulation (EC) No 2580(2001) 27 December 2001, available at http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:344:0070:0075, accessed 1 February 2016.

J. R. de Prada Solaesa, Terrorismo: Convenios Sectoriales. Financiación y Blanqueo, Consejo General del Poder Judicial, España 2013.

G. Díaz, P. Rodríguez, La UE y el terrorismo islamista,“UNISCI Journal”, no. 39, 2015.

EU Action Plan on Combating Terrorism. Brussels, 2007, available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV%3Al33275, accessed 1 February 2016.

H. P. Gasser, Actos de Terror, Terrorismo y Derecho Internacional Humanitario, “Revista Internacional de la Cruz Roja”, Boletín del Instituto Español de Estudios Estratégicos 2002. ← 258 | 259 →

C. Swinarski, Del terrorismo en Derecho Internacional Público, Derecho Internacional Humanitario y temas de áreas vinculadas, Lexis, Buenos Aires 2003.

F. Ruiz, La estrategia de la Unión Europea contra el yihadismo en tiempos de ISIS, “Boletín del Instituto Español de Estudios Estratégicos” no. 17, 2015.


1 Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (2001/931/CFSP), available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32001E0931, accessed 2 February 2016.

2 The list of persons and entities referred to in the Annexes to this act has been to be, however, completed and updated in subsequent legal actions.

3 Although this act, in principle, limits, the concept to its scope of application, I believe that we can take it as a reference definition.

4 A. Asúa, Concepto jurídico de terrorismo y elementos subjetivos, in: Estudios Jurídicos en memoria de José María Lidón J. I. Echano Basaldua (ed.), Universidad de Deusto, Deusto 2002, p. 62.

5 J. Alcaide, Las actividades terroristas ante el Derecho Internacional Contemporáneo, Tecnos, Madrid 2000.

H. P. Gasser, Actos de Terror, Terrorismo y Derecho Internacional Humanitario, “Revista Internacional de la Cruz Roja”, Boletín del Instituto Español de Estudios Estratégicos 2002.

C. Swinarski, Del terrorismo en Derecho Internacional Público, Derecho Internacional Humanitario y temas de áreas vinculadas, Lexis, Buenos Aires 2003.

6 Council Framework Decision of 13 June 2002 on combating terrorism (2002/475/JHA), available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32002F04759, accessed 1 February 2016.

7 This clarification appears in all acts and strategies. This implies that all notions related to terrorism must be interpreted extensively.

8 Among the Institutions, the Council and the European Council have led the way in boosting Strategies and other activities but, as will be seen below, the other institutions have also made significant contributions to the fight against terrorism.

9 EU Counter-Terrorism Strategy, 14467/Brussels, 30 November 2005, available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV%3Al33275, accessed 1 February 2016.

10 These ideas are the leitmotif of all EU actions against terrorism.

11 F. Ruiz, La estrategia de la Unión Europea contra el yihadismo en tiempos de ISIS, “Boletín del Instituto Español de Estudios Estratégicos” no. 17, 2015, p. 4.

12 I will follow this structure for presenting the panorama of events, actions and activities of the EU in this area.

13 EU Action Plan on Combating Terrorism. Brussels, 2007, available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV%3Al33275, accessed 1 February 2016.

14 EU Action Plan on Combating Terrorism, Brussels, 2011, available at http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%2015893%202010%20REV%201, accessed 1 February 2016.

15 The European Union is concerned, to a great extent, about the phenomenon of fighters from Europe traveling to different places to join the jihad and the threat they pose to security within the EU on their return. This idea appears in the actions and strategies of recent years.

16 We have already seen that this idea appears in all instruments, but it is the first time it is recognized as a separate item.

17 G. Díaz, P. Rodríguez, La UE y el terrorismo islamista,“UNISCI Journal”, no. 39, 2015, p. 180.

18 This has been developed in particular, as discussed below.

19 J.R. de Prada Solaesa, Terrorismo: Convenios Sectoriales. Financiación y Blanqueo, Consejo General del Poder Judicial 2013.

20 Council Common Position of 27 December 2001 on combating terrorism, available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:344:0090:0092:EN:PDF, accessed 1 February 2016.

21 Council Common Position of 27 December 2001 on combating terrorism, available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:344:0093:0096:EN:PDF, accessed 1 February 2016.

22 Also of great use is the insertion of the glossary on terrorists and terrorist acts, as we have seen in the definitions section.

23 Resolution 1373 of the Security Council of the UN, 2001, available at http://www.un.org/en/sc/ctc/specialmeetings/2012/docs/United%20Nations%20Security%20Council%20Resolution%201373%20(2001).pdf, accessed 1 February 2016.

24 Council Regulation (EC) No 2580, 2001, available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:344:0070:0075:EN:PDF, accessed 1 February 2016.

25 These Conclusions underline the essential role of the local actors. This is, in my opinion, an added value of this document.

26 The document underlines the increasing dependency of our society on the internet and IT infrastructures, and reminds that the issue of Cyber Security is an area of growing concern for state and non state actors.

27 The use explosives remains the main threat when it comes to possible terrorist modus operandi within the EU.

28 In some documents, the EU itself introduces into the measures of persecution, the already mentioned measures against money laundering and financing of terrorism. In order to structure my presentation, I prefer to add them to the prevention, since I believe, as I have already noted, that the basis for them is to attack structural problems related to terrorism.

29 This includes the exchange of Passenger Name Records, the processing and transfer of Financial Messaging Data and the exchange of data within the Schengen area.

30 The recommendations centre around the following themes: judicial organization, special investigation techniques and terrorist financing, rights of defense, judicial cooperation, international perspective, strategy for EU prosecutions and criminal policy.

31 In my opinion, this is the most useful aspect in response measures.

32 Council Decision of 5 March 2007, available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32007D0162, accessed 1 February 2016.

33 Council Decision of 8 November 2007, available at http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32007D0779(01), accessed 1 February 2016.

34 Council Regulation (EC) No. 11570, 2015, available at http://europeanmemoranda.cabinetoffice.gov.uk/files/2015/09/11570-15.pdf, accessed 1 February 2016.

35 We present the most striking developments of these points included in this strategy.

36 Informal meeting of the Heads of State or Government, Brussels, Statement by the members of the European Council, 2015, available at http://www.consilium.europa.eu/en/press/press-releases/2015/02/150212-european-council-statement-fight-against-terrorism/, accessed 1 February 2016.