46 Amendments of Cornelia ERNST related to 2015/0281(COD)
Amendment 64 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Punitive sanctions should be complemented by long-term policies to prevent the radicalisation and recruitment of citizens of the Union by terrorist organisations. Strategies on social inclusion, education, employment and housing and policies tackling discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations are crucial to countering terrorism.
Amendment 66 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Member States should share good practices on the setting-up of de- radicalisation structures to prevent citizens of the Union and third-country nationals legally residing in the Union from leaving the Union or to control their return to it and their judicial approach in this regard notably through Eurojust. They should share such good practices not only among each other but also with third countries which have already acquired experience and achieved positive results in this area.
Amendment 76 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Member States should strengthen the professionalism of security forces, law enforcement agencies and justice institutions; and ensure effective oversight and accountability of such bodies, in conformity with international human rights law and the rule of law. This includes human rights training to security forces including on how to respect human rights within the context of measures taken to counter violent extremism and terrorism.
Amendment 82 #
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.
Amendment 99 #
Proposal for a directive
Recital 7
Recital 7
Amendment 106 #
Proposal for a directive
Recital 8
Recital 8
Amendment 120 #
Proposal for a directive
Recital 10
Recital 10
(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disrupting the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist financing should also be punishable. Sanctions should be reviewed by an independent oversight body and any sanctions should be linked to a specific criminal offence, to avoid arbitrary decisions on the basis of national, religious, ethnical, or racial criteria.
Amendment 134 #
Proposal for a directive
Recital 12
Recital 12
(12) The attempt to travel abroad for terrorist purposes, should be punishable, as well as the attempt to provide training and recruitment for terrorism should be punishable.
Amendment 142 #
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 mayshould be inferred from objective, factual circumstances.
Amendment 198 #
Proposal for a directive
Recital 20
Recital 20
(20) The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offenceach case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.
Amendment 200 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The Internet plays an essential role in promoting values of peace, tolerance and solidarity as well as promoting and protecting Human Rights and Fundamental Freedoms within and outside the European Union.
Amendment 211 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Structured group" shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.
Amendment 215 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to ensure that the intentional acts referred to in paragraph 2, when posing a real threat to life or of serious injury, as defined as offences under national law, which, given their nature or context, may seriously damage a country or an international organisation are defined as terrorist offences where committed with the aim of one or more of the following:
Amendment 221 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) unduly compellingsing violence or the threat of violence to compel or seek to compel a Ggovernment of a Member State or international organisation to perform or abstain from performing any act,
Amendment 223 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a countryMember State or an international organisation.
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property likely to endangering human life or result in major economic loss;
Amendment 238 #
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), where the threat has been accompanied by physical manifestations of the threat.
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Nothing in the present Directive should be construed to affect in any way other rights, obligations and responsibilities Member States and individuals have under international law, including international humanitarian law and international criminal law.
Amendment 244 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) voluntarily participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way,, provided such participation has a close proximity to the commission of the principal offence, and with knowledge of the factand intention that suchthis participation will contribute to the criminal activitiin a meaningful way to the terrorist offences of the terrorist group.
Amendment 256 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the intentional distribution, or otherwise making available, of a message to the public, with the clear knowledge and intent 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 manifestly causes a clear and imminent danger that one or more such offences maywill be committed, is punishable as a criminal offence when committed intentionally.
Amendment 258 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions falls outside the scope of this Directive and in particular of the definition of public provocation to commit terrorist offences.
Amendment 262 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that soliciting another person to commit one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4, where this manifestly causes a clear and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 267 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that providing instruction 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 meaningfully contributing to one of the offences listed in points (a) to (h) of Article 3(2), knowing that the skills provided are intended to be used for this purpose, where the provision of instructions manifestly causes a clear and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 273 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that to wilfully receive 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), where the reception of instructions manifestly causes a clear and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 277 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States shall ensure that mere fact of visiting websites containing information or receiving communications, which could be used for training for terrorism, is not in itself sufficient to commit the offence of receiving training for terrorism.
Amendment 279 #
Proposal for a directive
Article 9
Article 9
Amendment 289 #
Proposal for a directive
Article 10
Article 10
Amendment 295 #
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 108, with the exception of Article 3 (2) (i), and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally, and where this manifestly causes a clear and imminent danger that one or more such offences may be committed.
Amendment 304 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in Article 3, with the exception of Article 3 (2) (i), is punishable as a criminal offence when committed intentionally, where the act manifestly causes a clear and imminent danger that one or more such offences may be committed.
Amendment 306 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in Article 3, with the exception of Article 3 (2) (i), is punishable as a criminal offence when committed intentionally, where the act manifestly causes a clear and imminent danger that one or more such offences may be committed.
Amendment 313 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that drawing up false administrative documents with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 is punishable as a criminal offence when committed intentionally, where the act manifestly causes a clear and imminent danger that one or more such offences may be committed.
Amendment 318 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Burden of proof The burden of proof for Articles 3 to 14 shall lie solely on the prosecutor. No reversal of this burden, nor assumption of guilt shall be invoked
Amendment 320 #
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 327 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 333 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that attempting to commit an offence referred to in Articles 3, 6, 7, 9 and 11 to 14, with the exception of possession as provided for in point (f) of Article 3(2) and the offence referred to in point (i) of Article 3(2), is made punishable.
Amendment 335 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. The acts in paragraphs 1 to 3 shall only be made punishable when in direct connection with a principal criminal act and when committed wilfully and with a clear and unequivocal intent to commit or meaningfully contribute to such an act.
Amendment 378 #
Proposal for a directive
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. Member States shall ensure that specific services to assist and support victims of terrorism are in place. Such services shall have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter, in accordance with the specific needs of each victim. All assistance to the victims of terrorism should be provided in the best interest of the victims and under the principle of "do no harm". The services shall be confidential, free of charge and easily accessible to all victims of terrorism. They shall include in particular:
Amendment 406 #
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 respect 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 to fundamental rights and freedoms must be provided for by law, be necessary and proportionate for the aim pursued. This Directive shall not result in arbitrary decisions or in discriminatory policies and practices based on perceived nationality, religion, ethnic or racial origin. 3. This Directive shall be implemented in accordance with the Charter of Fundamental Rights and principles of Union law.
Amendment 413 #
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Article 23b Emergency situations and fundamental rights In time of war or other public emergency threatening the life of the nation, Member States may take measures to derogate certain rights, in line with Union and international law. Such circumstances do not relieve the authorities from demonstrating that the measures undertaken are applied solely for the purpose of combating terrorism and are directly related to the specific objective of combating terrorism.
Amendment 418 #
Proposal for a directive
Article 23 c (new)
Article 23 c (new)
Article 23c Right to effective remedies 1. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law has a right to a speedy, effective and enforceable remedy. 2. Member States' judicial authorities shall have the ultimate responsibility to ensure that this right is effective.
Amendment 420 #
Proposal for a directive
Article 23 d (new)
Article 23 d (new)
Article 23d Non-discrimination This Directive shall not have the effect of requiring Member States to take measures which could result in direct or indirect discrimination or which would be based on religious practice and ethnic criteria. The Commission shall regularly assess the implementation of the Directive with regard to any potential disproportionate impact on groups of the population and remedial procedures to correct discriminatory practices and report their findings to the European Parliament and Council.
Amendment 421 #
Proposal for a directive
Article 23 e (new)
Article 23 e (new)
Article 23e Freedom of expression 1. Nothing in this Directive may be interpreted as being intended to reduce or restrict the dissemination of information for the expression of an opinion. The expression of radical, polemical or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit a terrorist offence. 2. This Directive shall not have the effect to take measures in contradiction of fundamental principles relating to freedom of expression, including freedom of the press and the freedom of expression resulting 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.
Amendment 423 #
Proposal for a directive
Article 25 – title
Article 25 – title
Transposition and review mechanisms by Member States
Amendment 426 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Member States shall conduct annual independent reviews of and reporting on the exercise of powers under the laws falling within the scope of this Directive.
Amendment 433 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall, by [4812 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the impact and added value of this Directive on combating terrorism and its impact on fundamental rights and freedoms and the rule of law. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA and any other relevant information regarding the exercise of powers under counter-terrorism laws related to the transposition and implementation of this Directive.
Amendment 437 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. In light of the independent reports of the European Commission, Member States shall conduct parliamentary periodic reviews.