DOCSLIB.ORG

8525/20 8525/20 ADD 1 REPORT from the COMMISSION to the EUROPEAN PARLIAMENT and the COUNCIL Asset Recovery and Confiscation

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
8525/20 8525/20 ADD 1 REPORT from the COMMISSION to the EUROPEAN PARLIAMENT and the COUNCIL Asset Recovery and Confiscation 8525/20 8525/20 ADD 1 REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Asset recovery and confiscation: Ensuring that crime does not pay [COM(2020) 217 final] ANNEX to the REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Asset recovery and confiscation: Ensuring that crime does not pay [COM(2020) 217 final] Submitted by Home Office on 17 September 2020 SUBJECT MATTER 1. This is a report by the European Commission on implementation of EU Directive 2014/42 (“the Directive) on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The aim of the Directive is to set minimum rules for the freezing and confiscation of property, as well as the management of that property. The report sets out progress made by Member States in implementing the Directive, concluding that 23 of the 26 Member States who are a party to the Directive have satisfactorily implemented it. The remaining three Member States are the subject of ongoing infringement proceedings for non-communication of transposition. The UK is not a party to the Directive. 2. At section 3 the report considers whether there is scope and/or benefit for further EU measures with regard to non-conviction based confiscation. It sets out that, whilst there are a number of different approaches to non-conviction based confiscation across the EU Member States, there is insufficient evidence to make a full assessment at this time. Nevertheless the report suggest there is potential benefit to further measures in this area. 3. Section 4 of the report considers the work of Asset Recovery Offices (AROs), which facilitate the tracing and identification of assets. EU Member States were required to set up AROs under Council Decision 2007/845/JHA (“the Council Decision”. The report details the increased information exchange between Member States’ AROs in the 8 years to 2019 (from 539 exchanges in 2011 to 7,659 in 2019) and outlines some of the issues AROs face as a consequence of this increase. 4. Finally, the report lists a number of international instruments relevant to asset recovery, including two United Nations (UN) Conventions – the 2000 UN Convention on Transnational Organised Crime and the 2003 Convention Against Corruption – the Council of Europe’s 2005 Warsaw Convention on Money Laundering, as well as the Financial Action Task Force standards. 5. The report concludes with the Commission committing to assess the potential for revision of both the Directive and the Council Decision to make them more effective. 6. The annex lists the offences that apply to the Directive. SCRUTINY HISTORY 7. Directive 2014/42/EU was subject to scrutiny as document reference 7641/12, COM(12)85 (Proposal for a Directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union). The Home Office submitted an EM on this proposal on 26 March 2012. Following submission, the Commons European Scrutiny Committee reported on 6 occasions that the proposal raised issues of legal and political importance and completed scrutiny on 25 November 2015 in report 10, 15/16. The Lords European Union Committee also held the proposal under scrutiny and was subject of a report which was debated on 22 May 2012. MINISTERIAL RESPONSIBILITY 8. Responsibility for policy relating to asset recovery and confiscation rests with the Home Secretary. INTEREST OF THE DEVOLVED ADMINISTRATIONS 9. The Scottish Cabinet Secretary for Justice has responsibility in Scotland, and the Minister for the Department of Justice has responsibility in Northern Ireland, for devolved JHA matters. LEGAL AND PROCEDURAL ISSUES i. Legal basis 10. This report is not a legislative instrument. ii. European Parliament Procedure 11. Not applicable. iii. Voting procedure 12. Not applicable to this report. iv. Impact on United Kingdom Law (including the impact on retained law, application of EU law during the transition period and under the Northern Ireland protocol) 13. Not applicable to this report. v. Application to Gibraltar 14. Not applicable to this report. vi. Fundamental rights analysis 15. Not applicable. APPLICATION TO THE EUROPEAN ECONOMIC AREA 16. The report does not apply to the European Economic Area countries (Iceland, Liechtenstein, and Norway). SUBSIDIARITY 17. Not applicable – this is not a legislative proposal. POLICY IMPLICATIONS 18. The UK is no longer an EU Member State from 11.00 pm on 31 January 2020. The Withdrawal Agreement (WA) concluded by the UK and EU provides for a ‘transition or implementation period’ to run from that day until 31 December 2020. During this period, EU law continues to apply to and in the UK in much the same way it did whilst the UK was a Member State. 19. The section of the report dealing with implementation of Directive 2014/42/EU is a factual assessment of the measures taken in each EU Member State to implement that Directive. As the UK does not participate in the Directive, there is little of direct relevance. 20. There will be interest in any additional measures the Commission considers with regard to non-conviction based confiscation. However, the Commission notes there is wide variety in Member States’ approach to non-conviction based confiscation and does not make any specific recommendations. The Government continues to encourage EU Member States to give due consideration to civil measures (non-conviction based confiscation) that may be used to recover assets and to recognise UK civil orders where possible. This gives law enforcement a further tool to tackle criminal assets. 21. The UK currently participates in Council Decision 2007/845/JHA on Asset Recovery Offices. The UK’s future relationship is subject to negotiation between the UK and the EU. The UK is seeking to increase its work on asset tracing, working cooperatively with EU Member States and the National Economic Crime Centre’s Illicit Finance Strategy reinforces this area of work as a priority. The Commission report outlines previous discussions on possible areas of improvement to cooperation between Asset Recovery Offices and commits to explore these further. The Government continues to monitor developments in this area. 22. The UK is fully committed to recovering criminally-obtained assets. Our continuing aim is to leave no safe space for organised criminals to operate: targeting the proceeds of their crimes is key to disrupting and deterring them. The UK seeks to offer the widest measure of assistance to our international partners and is committed to assisting investigative, prosecution and judicial authorities in combatting international crime and the recovery of criminal assets. CONSULTATION 23. No consultation outside Government and the aforementioned Devolved Administrations. IMPACT ASSESSMENT 24. There is no direct legislative impact arising from this Communication. No Impact Assessment has been undertaken. FINANCIAL IMPLICATIONS 25. There are no direct financial implications for the UK as a result of the report. Should future measures be brought forward these will be assessed when proposals are made. TIMETABLE FOR ADOPTION AND IMPLEMENTATION IN THE UK 26. Not applicable OTHER OBSERVATIONS 27. None MINISTERIAL NAME AND SIGNATURE RT Hon James Brokenshire MP Minister of State for Security .
Load more

Recommended publications
  • Draft Agenda
    Strasbourg, 9 May 2018 CDCT (2018) OJ1prov STEERING COMMITTEE ON COUNTER-TERRORISM (CDCT) 1st Plenary Meeting Draft agenda Strasbourg (France), 16-18 May 2018 Council of Europe Palais, Room 9 Opening at 10:00, Wednesday Closing at 16:00, Friday The agenda and the documents of the meeting are available on the website: www.coe.int/terrorism CDCT (2018) OJ1prov 2 ___________________________________________________________________________________________________________ 1. Opening of the meeting: Wednesday, 16 May - 10:00 2. Adoption of the draft agenda CDCT(2018)OJ1-prov Draft agenda CDCT(2018)OJ1-annotated Annotated agenda CDCT(2018)OB1 Order of business 3. Communication by the Chair and by the Secretariat CDCT-BU(2018)2 List of decisions of the 1st Bureau meeting CODEXTER(2017)9 Abridged Report and List of Decisions of the 33rd CODEXTER Plenary meeting 4. Future work and activities of the CDCT Extract from CM(2017)131-add CDCT Terms of Reference for 2018 - 2019 5. Council of Europe Counter Terrorism Strategy CDCT Strategy(2018)3 Draft Council of Europe Counter Terrorism Strategy (2018-2022) (Confidential) 6. Definition of Terrorism CODEXTER-BU(2017)5-rev Discussion Paper (Confidential) CDCT-BU(2018)1 The added value of a pan-European definition of terrorism for the (Confidential) 2005 Warsaw Convention 7. Links between terrorism and transnational organised crime (TOC) CDCT (2018) OJ1prov 3 ___________________________________________________________________________________________________________ Conclusions Conclusions of the Conference on the fight against terrorism and organised crime (Malaga, 21-22 September 2017) CDPC(2018)5 Follow-up Activities to the 2nd Malaga Conference on Terrorism- TOC 2017 8. Terrorism and the Internet CODEXTER(2016)2 Discussion paper on Terrorism and the Internet CM(2016)10-final CoE internet Governance Strategy 2016-2019 CM/Del/Dec(2017)1296/1.6 Decision by the Ministers’ Deputies CDCT(2018)3 Proposal of the Secretariat for how to involve Internet companies and associations in the work of the CDCT 9.
    [Show full text]
  • Reporting/Intelligence Stage
    ISSNISSN 1681-4789 2315-0807 Exer in vulla faci blamconse euis nibh el utat dip ex elestisim el dip utat nibh euis blamconse faci Exer vulla in Statistical working papers .POFZMBVOEFSJOHJO&VSPQF Rilis augiati siscilit venis nim Rilis augiati siscilit venis 2013 edition 2013 edition 2013 Statistical working papers .POFZMBVOEFSJOHJO&VSPQF 20120133 edition Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*)0H The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). More information on the European Union is available on the Internet (http://europa.eu). Cataloguing data can be found at the end of this publication. Luxembourg: Publications Office of the European Union, 2013 ISBN 978-92-79-22843-8 ISSN 2315-0807 doi:10.2785/415 Cat. No: KS-TC-13-007-EN-N Theme: Population and social conditions Collection: Statistical working papers © European Union, 2013 Reproduction is authorised provided the source is acknowledged. 6 Table of contents Table of Contents 1. New developments at European Union and international level .............................................. 9 1.1. Short introduction to the fight against money laundering in a European context ............. 10 1.2. Background to the first publication of European statistics on laundering ......................... 11 1.3. The purpose and outcomes of this publication: a second vital step, but with moderate results ......................................................................................................................................... 12 1.4. The difficulty of interpreting data or the issue of comparability of statistics between Member States ........................................................................................................................... 15 2. Detailed information on selected indicators .............................................................................
    [Show full text]
  • ENGLISH Only GREECE
    FSC.EMI/82/12 11 April 2012 ENGLISH only GREECE Information Exchange on the Code of Conduct on Politico-Military Aspects of Security Section I: Inter- State Elements 1. Account of measures to prevent and combat terrorism. 1.1 To which agreements and arrangements (universal, regional, sub- regional and bilateral) related to preventing and combating terrorism is your State a party? For prevention and suppression of terrorism, Greece follows the procedures determined by the E.U. strategy on the fight against terrorism, within the framework of work and decisions of the Council of JHA Ministers. Also, Greece participates and cooperates with the U.N., INTERPOL, EUROPOL, SIRENE National Bureau of E.U. Member States, SECI (South Eastern Cooperation Initiative), SEECP (South Eastern Cooperation Process), BSEC (Black Sea Economic Cooperation) and Adriatic-Ionian Initiative. Furthermore, for the same purpose, Greece has concluded bilateral Police Cooperation Agreements with (20) countries (EGYPT, ALBANIA, ARMENIA, BOSNIA- HERZEGOVINA, BULGARIA, ISRAEL, ITALY, CHINA, CROATIA, CYPRUS, LITHUANIA, MALTA, UKRAINE, HUNGARY, PAKISTAN, POLAND, ROMANIA, RUSSIA, SLOVENIA and TURKEY). 1.2 What national legislation has been adopted in your State to Implement the above-mentioned agreements and arrangements? Implementation of the above Agreements is always done through confirmatory Acts passed by the Greek Parliament (e.g. South Eastern Cooperation lnitiative- 2865/2000 Act, BSEC-2925/2001 Act), while further arrangements and enforcing protocols are put in force after respective Presidential Decrees, as provided by the relevant confirmatory Act (e.g. Implementation of the Decision SA 1671/2006 through the P.C. 87/2007). 1.3 What are the roles and missions of military, paramilitary and security forces and the police in preventing and combating terrorism in your State? The Hellenic Armed Forces do not have counter terrorism powers or jurisdiction.
    [Show full text]
  • Money Laundering EU Law in an International Context
    Library Briefing Library of the European Parliament 24/10/2012 Combating money laundering EU law in an international context SUMMARY Money laundering is a global In this briefing: phenomenon, the scope of which cannot be Context reliably estimated. It takes a plethora of forms, characterised by varying degrees of sophistica- How money is laundered tion. Elements of the global AML regime Prevention is a crucial element of anti-money International AML efforts laundering (AML) actions, which are not only in the domain of the state, but have EU legal framework increasingly involved the private sector. Further reading Checks on the identity of customers, keeping relevant records and reporting suspicious Context transactions to competent authorities are the cornerstones of modern AML systems. As long as the proceeds of crime remain Having started with offences related to the outside the regular financial system, tracing proceeds of trading in illegal drugs, regulators them is very difficult for law enforcement have gradually criminalised money laundering agencies. However, as soon as use is made with respect to a now extensive catalogue of of such funds - e.g. the perpetrator pays crimes. cash into a bank account or buys a car – the Their collaborative efforts within such fora as money becomes visible to the state which the United Nations, the Council of Europe and may then intervene by seizing or the Financial Action Task Force (an informal confiscating the assets. organisation set up by the G7 countries) have For this to happen, however, money has to led to the drafting of widely acknowledged be attributed to the crime it originated from.
    [Show full text]
  • Organization for Security and Co-Operation in Europe Secretariat Conference Services at the Request of the OSCE Delegation of Th
    FSC.EMI/46/18 11 April 2017 Organization for Security and Co-operation in Europe Secretariat ENGLISH only Conference Services At the request of the OSCE Delegation of the former Yugoslav Republic of Macedonia the attached response to the Questionnaire on the Code of Conduct on Politico-Military Aspects of Security, is being distributed to all delegations. Republic of Macedonia Information Exchange on the Code of Conduct of Politico-Military Aspects of Security April 2018 Section I: Inter-State elements 1. Account of measures to prevent and combat terrorism 1.1 To which agreements and arrangements (universal, regional, sub-regional and bilateral) related to preventing and combating terrorism is your State a party? The lists of multilateral and bilateral agreements the Republic of Macedonia is a party to are given in Annexes 1, 2 and 3. 1.2 What national legislation has been adopted in your State to implement the above- mentioned agreements and arrangements? Pursuant to Article 118 of the Constitution of Republic of Macedonia, international agreements ratified in accordance with the Constitution are a part of the internal legal order and cannot be changed by law. The Criminal Code of the Republic of Macedonia sanctions the following: International terrorism (Article 419), Association for enemy activity (Article 324), Punishment for preparation (Article 326), Punishment for the most severe forms of crimes (Article 327), Terrorist organization (Article394-a), Terrorism (Article 398-b) and Financing of terrorism (Article 394-c). In
    [Show full text]
  • In-Depth Evaluation of the United Nations Global Programme Against Money Laundering, Proceeds of Crime and the Financing of Terrorism (GPML)
    relevance • effectiveness • coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness • coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness • coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness • coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness • coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness • coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness • coordination and partnership • efficiency • national ownership • international cooperation • managing for results • sustainability • relevance • effectiveness • coordination and partnership • efficiency • national ownership • international cooperation
    [Show full text]
  • Monica Den Boer - 9781785369117 Downloaded from Elgar Online at 10/01/2021 04:45:48AM Via Free Access 460 Comparative Policing from a Legal Perspective
    Index 9/11 140–1, 142, 145, 148, 171, 172, 175, 261, 329 Western Australia Police 428 1540 Committee Legislative Database on Weapons of Mass Australian Defence Act (1903) 335–7, 338 Destruction 179 Australian Defence Assistance to the Civil Community (DACC) Abdeli, Sélim 266 337–8 accountability see oversight/accountability Australian Defence Force (ADF) 332, 335–8 ACPO see Association of Chief Police Officers Australian Defence Force Aid to Civilian Authorities (DFACA) ACRC see Korea, Anti-Corruption and Civil Rights 337–8 Commission Australian Defence Force Regulations 337 ADF see Australian Defence Force Australian Federal Court 286 Afghanistan 286, 329, 331, 343 Australian Federal Police (AFP) 38–9, 285, 340, 428, 429, 439 AFP see Australian Federal Police Revised Death Penalty Guidelines 38 Africa 74 Australian Institute of Police Management (AIPM) 436 Agreement for the Suppression of the White Slave Trade (1904) Australian ‘Joint Operations Command and the Australian 25 Defence Force Warfare Centre’ 340 AIPM see Australian Institute of Police Management Australian Parliamentary Joint Committee on Law Enforcement Airbnb 56–7 (APJCLE) 147 Ajevski, M 5 Australian Strategy Policy Institute 342 Al-Qaeda 189, 343 Austria 174, 180, 262, 263, 356, 360, 384, 391, 396, 397, 401, Albanian Ombudsman 451 448 Alegre, S 279 Ayling, J 197 AlphaBay 247 American Civil Liberties Union 339 Balkan states 179 AML see Anti-Money Laundering Bangladesh 338 Amnesty International 340, 342 Basic Principles for the Use of Force and Firearms by Law Andalib-Goortani
    [Show full text]
  • ILLICIT FINANCIAL FLOWS and ASSET RECOVERY in the Republic of Moldova
    ILLICIT FINANCIAL FLOWS AND ASSET RECOVERY In The Republic of Moldova RESEARCH PAPER 2021 Funded by the European Union Foreword Illicit Financial Flows (IFFs) impact a country’s economic and social development in a myriad of ways. Undocumented fights of wealth to and from - as well as within - a country have severe repercussions on government revenues, wealth that could otherwise be invested in public spending and other forms of economic and social reforms. Illicit fnancial fows, particularly those related to organised crime, also withdraw funds from the legitimate economy and may force the State to divert more resources to prevent and respond to criminal activity or to treat or compensate victims. The drain on resources and tax revenues caused by IFFs blocks the expansion of basic social services and infrastructure programs that are targeted at improving the wellbeing and capacities of all citizens, in particular, the very poor. IFFs in many developing countries mean fewer hospitals, schools, police, roads and job opportunities, as well as lower pensions . It is for these reasons that States must place signifcantly higher priority on seizing and confscating illicitly-obtained assets, and to channel such recovered assets to high-priority development needs. New paradigms and policies to counter IFFs must be established to produce an unbroken chain of work from tracing, freezing, seizure, confscation and recovery of illicitly-obtained assets, through transparent management and liquidation of such assets, to distribution of the proceeds to high-priority development needs. It is this mechanism and paradigm that will enable countries to capture billions in assets and to directly channel them into, for example, more schools, hospitals, community clinics and infrastructure, as well as the much-needed payment of salaries for teachers, nurses and doctors.
    [Show full text]
  • FINANCING of TRAFFICKING in HUMAN BEINGS in FRANCE Nacer Lalam
    FINANCING OF TRAFFICKING IN HUMAN BEINGS IN FRANCE Nacer Lalam Trafficking in human beings (THB) for sexual exploitation is one of the most prevalent types of individual exploitation and it is a major concern in France. Despite the long existing awareness of this phenomenon, often linked to increasingly structured criminal organisations, it has not stopped evolving and adapting to ensure its permanence (FR-E2). Taking advantage of the pauperisation of some populations throughout the world and allowing victims to hope for quick earnings, criminal structures hire, transport, handle and profit more and more from the sexual exploitation of their victims. France is both a country of destination and a country of transit for these organised groups, “who use the free movement of people principle within the Schengen area to enable the circulation of their victims throughout a large part of the Europe” (SIRASCO, 206; FR-E). Since its creation in 958, the Central Office for Combating Human Trafficking (OCRTEH) of the judicial police conducts investigations on acts of procuring and human trafficking for sexual exploitation and draws up, from the data gathered by services dealing with this phenomenon, its evolution and main trends. According to these trends, in the last decades transnational criminal organisations have specialised in the trafficking of human beings for the purpose of prostitution, thus occupying the place left vacant by the French “traditional milieu” (FR-E3). Being highly structured, they recruit the victims in their country of origin. Young women, most of whom have no family ties and do not speak the French language, when in France most often live without any residence permit.
    [Show full text]
  • Moneyval) Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (Moneyval) Moneyval(2017)2
    COMMITTEE OF EXPERTS ON THE EVALUATION OF ANTI-MONEY LAUNDERING MEASURES AND THE FINANCING OF TERRORISM (MONEYVAL) COMMITTEE OF EXPERTS ON THE EVALUATION OF ANTI-MONEY LAUNDERING MEASURES AND THE FINANCING OF TERRORISM (MONEYVAL) MONEYVAL(2017)2 Anti-money laundering and counter -terrorist financing measures Slovenia Fifth Round Mutual Evaluation Report June 2017 1 The Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism - MONEYVAL is a permanent monitoring body of the Council of Europe entrusted with the task of assessing compliance with the principal international standards to counter money laundering and the financing of terrorism and the effectiveness of their implementation, as well as with the task of making recommendations to national authorities in respect of necessary improvements to their systems. Through a dynamic process of mutual evaluations, peer review and regular follow-up of its reports, MONEYVAL aims to improve the capacities of national authorities to fight money laundering and the financing of terrorism more effectively. All rights reserved. Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. For any use for commercial purposes, no part of this publication may be translated, reproduced or The fifth round mutual transmitted, in any form or by any means, electronic (CD-Rom, Internet, evaluation report on Slovenia etc.) or mechanical, including photocopying, recording or any information was adopted by the storage or retrieval system without prior permission in writing from the MONEYVAL Committee MONEYVAL Secretariat, Directorate General of Human Rights and Rule of at its 53rd Plenary Session Law, Council of Europe (F-67075 Strasbourg or [email protected]) (Strasbourg, 1 June 2017).
    [Show full text]
  • Confiscation of Instrumentalities and Proceeds of Corruption Crimes in Eastern Europe and Central Asia
    OECD Anti-Corruption Network for Eastern Europe and Central Asia Confiscation of instrumentalities and proceeds of corruption crimes in Eastern Europe and Central Asia OECD Anti-Corruption Network for Eastern Europe and Central Asia Confiscation of instrumentalities and proceeds of corruption crimes in Eastern Europe and Central Asia About the Organisation for Economic Co-operation and Development (OECD) The OECD is a forum in which governments compare and exchange policy experiences, identify good practices in light of emerging challenges, and promote decisions and recommendations to produce better policies for better lives of their people. The OECD’s mission is to promote policies that are aimed to improve economic and social well-being of people around the world. Find out more at www.oecd.org. About the Anti-Corruption Network for Eastern Europe and Central Asia (ACN) Established in 1998, the main objective of the Anti-Corruption Network for Eastern Europe and Central Asia (ACN) is to support its member countries in their efforts to prevent and fight corruption. It provides a regional forum for the promotion of anti-corruption activities, the exchange of information, elaboration of best practices and donor coordination via regional meetings and seminars, peer-learning programmes, and thematic projects. ACN also serves as the home for the Istanbul Anti-Corruption Action Plan. Find out more at www.oecd.org/corruption/acn/. About the thematic studies on criminal liability for corruption and law-enforcement in Eastern Europe and Central Asia The ACN Work Programme for 2016-2019 included a thematic cross-country study (review) on the criminal liability for corruption and effective law enforcement.
    [Show full text]
  • Chapter Scriptie
    Foreign Fighters and Anticipatory Criminal Law Stretching Criminal Law to its Limits Fien Kok Student number 10691596 Master Public International Law Thesis Supervisor: prof. mr. dr. H.G. van der Wilt Content Introduction 3 Section 1: The Obligation to Criminalize the Phenomenon Foreign Fighters 6 The Influence of the UN Security Council on Criminal Law 6 UN Security Council Resolutions concerning foreign fighters 6 European Influence on Criminal Law 7 The EU Council Framework Decisions and the Conventions of the Council of Europe 8 Section 2: ISIS in perspective 10 What is jihad? 10 Al Qa’ida and the emergence of ISIS 11 ISIS 12 Differences and similarities AQC and ISIS 13 Section 3: The Fear of Returning Foreign Fighters: a Historic Perspective 15 Spanish civil war 15 Section 4: Preventive Anti-Terrorism Legislation put into Perspective: the Emergence of the RisK Society and the Interference with the Freedom of Choice 17 The emergence of the risk society 17 The role of the UN in the shift toward a risk society 19 The interference of government with the freedom of choice to travel to a conflict area 19 Reasons provided in Security Council Resolutions 23 Reasons provided in EU Framework Decisions 25 Interim conclusion 25 Section 5: The Limits of Precautionary Criminal Law 27 Precautionary criminal law 27 Criminal wrongdoing 29 Endangerment of legal interest 30 Interim Conclusion 33 Section 6: Preventive Anti-Terrorism Law in Practice: Dutch Case Law 35 Preparation of a terrorist crime: Samir A. 36 Prosecuted foreign fighters in the Netherlands:
    [Show full text]