[ParlTrack]

The European Parliament rejects the Commission proposal.

2008/06/10
Committee: LIBE

Article 1 − point -1 (new)

Framework Decision 2002/475/JHA
Article 1 − paragraph 2

(- 1) Article 1 paragraph 2 shall be replaced by the following: "2. This Framework Decision shall not have the effect of altering the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union. It respects fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they emerge from the constitutional traditions common to the Member States as principles of Community law. The Union observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, notably Chapter VI thereof. Nothing in this Framework Decision may be interpreted as being intended to reduce or restrict fundamental rights or freedoms such as the right to strike, freedom of assembly, of religion, of association or of expression, including the right of everyone to form and to join trade unions with others for the protection of his or her interests and the related right to demonstrate. 3. Public incitement to commit terrorist offences, recruitment for terrorism and training for terrorism are intentional crimes. Therefore, nothing in this Framework Decision may be interpreted as being intended to reduce or restrict freedom of expression, freedom of speech, freedom of the press and other media, the dissemination of information for scientific, academic, artistic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Framework Decision and, in particular, of the definition of public incitement to commit terrorist offences. Article 12 of the Council of Europe Convention on Prevention of Terrorism applies."

2008/06/10
Committee: LIBE

Marco CAPPATO, Sophia IN 'T VELD

Article 1 − point 1

Framework Decision 2002/475/JHA
Article 3 − paragraph 1 − point (a)

(a) "public ~~provocation~~incitement to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public~~, with the intent to incite~~ clearly, intentionally and directly advocating the commission of one of the ~~act~~offences listed in Article 1(1)(a) to (h), where such conduct~~, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed~~ causes a genuine, imminent and actual risk that one or more such offences may be committed, where these threaten the life or physical integrity of persons;

2008/06/10
Committee: LIBE

3 Amendments of Marco CAPPATO related to 2007/0236(CNS)

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