18 Amendments of Laura FERRARA related to 2015/0281(COD)
Amendment 81 #
Proposal for a directive
Recital 5
Recital 5
(5) Taking account of the evolution of terrorist threats and legal obligations to the Union and Member States under international law, the definition of terrorist offences, including offences related to a terrorist group and offences related to terrorist activities, should be further approximated in all Member States, so that it covers more comprehensively conduct related to in particular foreign terrorist fighters and terrorist financing. These forms of behaviour should be punishable also if committed through the Internet, including social media.Does not affect the English version.)
Amendment 97 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The criminalisation of offences covered by this Directive must be contingent on observance of the principle of materiality, which requires conduct to have an external manifestation if it is to be deemed damaging or a threat to the interest being protected.
Amendment 109 #
Proposal for a directive
Recital 8
Recital 8
(8) Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act ofinvolving the organisation or intentional facilitation of such travel should also be criminalised.
Amendment 132 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) In seeking to halt terrorist financing Member States should also address the processes that generate funding for terrorist organisations, such as the trafficking of arms, oil and artworks. Member States should not allow arms to be sold to countries that fund terrorist organisations, but should instead invest in increasing their own energy independence, including through the use of renewable energies, so as to cut off the flow of resources to terrorists and to governments which, through complicity or connivance, aid and abet them.
Amendment 139 #
Proposal for a directive
Recital 13
Recital 13
(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission may be inferred from objective, factual circumstancesthe fact that it has an external manifestation.
Amendment 145 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Prompt and effective sharing of relevant information and data Member States obtained from EU-wide databases is an effective tool in anti-terrorism investigations. Member States should therefore take the steps required in order to make judicial and police cooperation compulsory within the EU, using the dedicated structures and channels put in place by the relevant European agencies.
Amendment 148 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should provide for sentence reductions or protection programmes for any members of terrorist organisations who disassociate themselves from those organisations and seek to ensure that their criminal activities do not lead any further or give practical assistance to police and judicial authorities in gathering evidence leading to the identification or capture of other members of the organisations.
Amendment 158 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) Member States should support programmes to prevent radicalisation, involving measures such as information campaigns and the development of alternative narratives to counter terrorist propaganda, and should involve civil society groups, relevant local communities and other stakeholders in devising strategies to guard against radicalisation, recruitment and violent extremism.
Amendment 161 #
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) The European institutions and Member States should introduce economic and social policies geared to fostering integration and combating poverty, social exclusion and all other factors that can fuel radicalism and extremism.
Amendment 235 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) seriously threatening to commit any of the acts listed in points (a) to (h), as evidenced by objective and factual circumstances.
Amendment 257 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the intent that is clearly and objectively likely to incite the commission of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 272 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that to receive practical instruction, from another person in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of committing of or contributing to the commission of one of the offences listed in points (a) to (h) of Article 3(2) is punishable as a criminal offence when committed intentionally.
Amendment 284 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that travelling to another country other than the country of residence or nationality for the clear purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities of a terrorist group referred to in Article 4 or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally, provided that this is objectively verifiable.
Amendment 299 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally.
Amendment 319 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.
Amendment 363 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Exchange of information and judicial and police cooperation 1. Member States shall undertake to share, for investigative purposes, relevant information and data they have obtained from EU-wide databases. 2. Member States shall take the steps required in order to secure effective international judicial cooperation led by the judiciary and conventional police forces.
Amendment 405 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to uphold fundamental rights and fundamental legal principles as enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and international humanitarian law. 2. Restrictions on fundamental rights and freedoms shall be provided for by law and shall be necessary and proportionate to the aim pursued. 3. This Directive shall be implemented in accordance with the Charter of Fundamental Rights and the principles of EU law. 4. Anyone whose fundamental rights and freedoms are infringed during anti- terrorism operations or in connection with the enforcement of anti-terrorism laws shall be entitled to a swift, effective and enforceable legal remedy.
Amendment 411 #
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Article 23b Freedom of expression 1. Nothing in this Directive may be interpreted as being intended to reduce or restrict the dissemination of information for the purpose of expressing an opinion. The public expression of radical, political or controversial views on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences. 2. This Directive 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 freedom of expression in other media as they result from constitutional traditions or rules governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability.