35 Amendments of Eva JOLY related to 2015/0281(COD)
Amendment 74 #
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 95 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The provision of humanitarian assistance by impartial humanitarian organisations recognised by international humanitarian law such as the International Committee of the Red Cross (ICRC) should not be considered as contributing to the criminal activities of a terrorist group.
Amendment 98 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) This Directive covers acts which are considered by all Member States as serious infringements of their criminal laws committed by individuals whose objectives constitute a threat to their democratic societies respecting the rule of law and the civilisation upon which these societies are founded. It has to be understood in this sense and cannot be construed so as to argue that the conduct of those who have acted in the interest of preserving or restoring these democratic values, as was notably the case in some Member States during the Second World War, could now be considered as "terrorist" acts. Nor can it be construed so as to incriminate on terrorist grounds persons exercising their fundamental right to manifest their opinions, even if in the course of the exercise of such right they commit offences, or persons or groups conducting attacks against the military and military infrastructure of dictatorial regimes. Similarly, incitement to attacks against the military infrastructure of dictatorial regimes, and glorification of such attacks, should not be covered by this Directive.
Amendment 100 #
Proposal for a directive
Recital 7
Recital 7
Amendment 110 #
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 of facilitation of such travel should also be criminalised. The act of travelling should be criminalised under very specific conditions and only when the intention of doing so for a terrorist purpose is proven by inferring from objective, factual circumstances.
Amendment 114 #
Proposal for a directive
Recital 9
Recital 9
(9) Criminalisation of the receiving training for terrorism complements the existing offence of providing training and specifically addresses the threats resulting from those actively preparing for the commission of terrorist offences, including those ultimately acting alone. This criminalisation should only cover active participation in the training; the mere fact of visiting websites containing information or receiving communications should not be covered.
Amendment 119 #
Proposal for a directive
Recital 10
Recital 10
(10) TWithout prejudice to Directive 2015/849/EU of the European Parliament and of the Council1a, terrorist financing should be punishable in the Member States and cover not only the financing of terrorist acts, but also the financing of a terrorist groupterrorist organisations and individual terrorists even in the absence of a link to a specific terrorist act or acts, 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. __________________ 1a Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
Amendment 125 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Financial investigations may be fundamental in uncovering the facilitation of terrorist offences and the networks and schemes of terrorist organisations. Such investigations may be very productive, particularly when tax and customs authorities, financial intelligence units (FIUs) and judicial authorities are involved at an early stage of the investigation. Member States should endeavour to ensure a more efficient and coordinated approach aiming at establishing specialised units at national level to deal with financial investigations into terrorism. Such a centralisation of expertise may have considerable added value and contribute substantially to securing successful prosecutions. In addition, cooperation between FIUs through the FIU.net platform should be strengthened.
Amendment 151 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) 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 157 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to prevent and combat terrorism, a closer cross-border cooperation among the competent national and European authorities is needed with regard to expedient exchange of any relevant information from criminal records or other available sources on individuals who are suspects of a criminal offence or have been subject to criminal proceedings or asset freezing. This provision is without prejudice to the [Data Protection Directive (Directive (EU) 2016/... of the European Parliament and of the Council of ...on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA)].
Amendment 160 #
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) Member States should cooperate among each other, notably through Eurojust, to ensure a coordinated approach for the development of necessary, proportionate and effective measures in dealing with the gathering, sharing, and admissibility of electronic evidence, in compliance with the [Data Protection Directive (Directive (EU) 2016/... of the European Parliament and of the Council of ...on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA)].
Amendment 177 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) A comprehensive policy to prevent the radicalisation and recruitment of citizens of the Union by terrorist organisations can only be successfully put in place if accompanied by long-term proactive de-radicalisation processes in the judicial sphere. 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. Member States should therefore share good practices on the setting-up of de-radicalisation structures 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 192 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive should respects the principles recognised, inter alia, by Articles 2 and 6 of the Treaty on the European Union, should respects fundamental rights and freedoms and should observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of assembly and association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence, should respect the principles recognised in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and in the International Covenant on Civil and Political Rights (ICCPR), as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be implemennterpreted in accordance with these rights and principles.
Amendment 194 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic, journalistic 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 197 #
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 210 #
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, or continuity of its membership or a developed structure.
Amendment 219 #
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 Government or international organisation to perform or abstain from performing any act,
Amendment 228 #
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 endanger human life or result in major economic loss;
Amendment 237 #
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), on the basis of objective, factual circumstances.
Amendment 246 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall ensure that the provision of humanitarian assistance by impartial humanitarian organisations recognised by international humanitarian law shall not be considered as participating in the activities of a terrorist group.
Amendment 251 #
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 clear 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 directexpressly advocating the commission of terrorist offences, causes amanifestly causes a clear and substantial danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally and unlawfully.
Amendment 287 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall ensure that the defendant does not in any circumstances bear the burden of proof in establishing that his or her travel to another country is for a legitimate purpose.
Amendment 316 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Amendment 328 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 339 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a 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 408 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Proportionality, necessity and fundamental rights 1. In the implementation of this Directive, Member States shall ensure that criminalisation is provided for by law, proportionate to the legitimate aims pursued and necessary in a democratic society and shall exclude any form of arbitrariness and discrimination. This Directive shall not result in arbitrary decisions or in discriminatory policies and practices based on perceived nationality, religion, ethnic or racial origin. 2. 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 as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights and other obligations under international humanitarian law. 3. This Directive shall not have the effect of altering the obligation to respect fundamental rights and fundamental legal principles as enshrined in Articles 2 and 6 of the Treaty on European Union.
Amendment 414 #
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Article 23b Fundamental principles relating to 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 of requiring Member States to take measures in contradiction of fundamental principles relating to freedom of expression, in particular freedom of the press and the 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.
Amendment 417 #
Proposal for a directive
Article 23 c (new)
Article 23 c (new)
Article 23c 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.
Amendment 419 #
Proposal for a directive
Article 23 d (new)
Article 23 d (new)
Article 23d 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 from 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 422 #
Proposal for a directive
Article 25 – title
Article 25 – title
Transposition and review mechanisms by Member States
Amendment 424 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Amendment 425 #
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 429 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall, by [24 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive. Regular evaluation of the Directive implementation should include assessment of a potential disproportionate impact of measures on groups of the population, and remedial procedures to correct discriminatory practices.
Amendment 431 #
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 435 #
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.