dr. habil. Maria BORDAS Ph.D.
THE EUROPEAN UNION
The Treaties – Basis for democratic cooperation built on law
1958
1952
The treaties of Rome:
The European Economic Community
(EEC)
The European Atomic Energy
Community
(EURATOM)
The European Coal and Steel
Community (ECSC)
2009
Treaty of Lisbon
1987
The Single European
Act
2003
Treaty of Nice
1993
1999
Treaty of Amsterdam
Treaty on European Union
– Maastricht
New ideas for lasting peace and prosperity…
Founders – International Cooperation
Konrad Adenauer
Alcide De Gasperi
Winston Churchill
Robert Schuman
Jean Monnet
1952:
European Coal and
Steel Community
 In the aftermath of World War II, the aim was to
Jean Monnet and other leaders with
the first “European” ingot of steel
secure peace among Europe’s victorious and
vanquished nations and bring them together as
equals, cooperating within shared institutions.
 Based on a plan by French Foreign Minister
Robert Schuman.
 Six founding countries – Belgium, the Federal
Republic of Germany, France, Italy, Luxembourg
and the Netherlands – signed a treaty to run
heavy industries (coal and steel) under common
management.
1958:
Treaty of Rome
 The six founding countries expanded
Signing of the Treaty of Rome, 1957
cooperation to other economic
sectors, creating the European
Economic Community (EEC) – or
“common market.”
 As a result, people, goods, services,
and capital today move freely across
the Union.
1952
Founding
Members
Belgium
France
Germany
Italy
Luxembourg
Netherlands
1973
Denmark
Ireland
United Kingdom
1981
Greece
1986
Portugal
Spain
1989
Fall of the
Berlin Wall
sets the
stage for
unifying
Europe and
EU
enlargement
+
Poland’s
Solidarity Party
gains legal
status
1995
Austria
Finland
Sweden
2004
Cyprus
Czech Republic
Estonia
Hungary
Latvia
Lithuania
Malta
Poland
Slovakia
Slovenia
2007
Bulgaria
Romania
Candidate Countries
Croatia
former Yugoslav Republic
of Macedonia
Iceland
Turkey
Potential
Candidate Countries
Albania
Bosnia & Herzegovina
Kosovo under UN
Security Council Resolution
1244
Montenegro
Serbia
Enlargement – from 6 to 27 countries
1952
1973
1990
1995
1981
2004
1986
2007
Over 50 Years of EU Integration
Enlargement has:
“Enlargement has been a
success story for the
European Union and
Europe as a whole. It has
helped to overcome the
division of Europe and
contributed to peace and
stability throughout the
continent.”
European Council
Declaration
Dec. 15, 2006
 Inspired reforms and consolidated
common principles of liberty,
democracy, respect for human rights,
fundamental freedoms and the rule of
law, while enabling market-oriented
economic reforms.
 Enhanced the EU’s1957
weight in the2009
world
Member States
6
and
made it a stronger
and more27
Population
174 million
500 million
attractive
international
partner. 23
Languages
4
The Big Enlargement – healing the division of Europe
Fall of Berlin Wall – end of Communism in
Central and Eastern Europe
EU economic help begins: PHARE program
1993
Criteria set for a country to join the EU:
• democracy and rule of law
• functioning market economy
• ability to implement EU laws
1998
Formal negotiations on enlargement begin
2002
Copenhagen summit agrees enlargement
2004
10 new EU members: Cyprus, Czech
Republic, Estonia, Hungary, Latvia,
Lithuania, Malta, Poland, Slovakia, Slovenia
2007
Bulgaria and Romania join the EU
Candidates:
Croatia, former Yugoslav Republic of Macedonia, Iceland, Turkey
© Reuders
1989
The Lisbon treaty –
taking Europe into the 21st century
The Treaty will make the European Union:
More efficient
Simpler processes, full-time president
for the Council.
More democratic Stronger role for the European Parliament
and national parliaments, "Citizens Initiative",
Charter of Fundamental Rights.
More transparent Clarifies who does what, greater public access
to documents and meetings.
More united on
the world stage
High Representative for Foreign Policy.
More secure
New possibilities to fight climate change
and terrorism, secure energy supplies.
Celebrating the European Union A Half Century of Change and Progress
 Since the creation of the EU half a century
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European Union
United in diversity
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ago, Europe has enjoyed the longest period
of peace in its history.
European political integration is
unprecedented in history.
EU enlargement has helped overcome the
division of Europe – contributing to peace,
prosperity, and stability across the
continent.
A single market and a common currency
benefit companies and consumers.
EU has united the citizens of Europe –
while preserving Europe’s diversity.
25 CURRENT EU COUNTRIES
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Belgium
Czech Republic
Cyprus
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
The Netherlands
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
United Kingdom
What is Terrorism?
“Terrorism is a threat that does not recognise borders
and may affect states and peoples irrespective of their
geographical location. EU States and citizens are not an
exception. Individuals and groups who believe that
they can advance their political aims by using terror
pose a serious threat to the democratic values of our
societies and to the rights and freedoms of our citizens,
especially by indiscriminately targeting innocent
people. Acts of terrorism are criminal and unjustifiable,
and must be treated as such under all circumstances.” –
Home Affairs, European Commission
Terrorist Acts
Number of failed, foiled or completed
attacks; number of arrested suspects,
2007 to 2011
484
174
Number of individuals
arrested for religiously
inspired terrorist offences in
2011
Islamist Terrorism
Separatist Terrorism
Left-Wing Terrorism
Right-Wing Terrorism
EU and IslamTerrorism
The European Union Terrorism
Situation and Trend Report
(TE-SAT)
The European Union Counter-
Terrorism Strategy
TE-SAT Trends
1961 Vienna Convention on Diplomatic Relations
1963 Vienna Convention on Consular Relations
1963 Convention on Offences and Certain Other Acts Committed On Board Aircraft (Tokyo
Convention, agreed 9/63—safety of aviation)
1970 Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention)
1979 Convention on the Physical Protection of Nuclear Material (Nuclear Materials
Convention)
1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation
1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
Navigation
1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms
Located on the Continental Shelf
1991 Convention on the Marking of Plastic Explosives for the Purpose of Identification
1997 International Convention for the Suppression of Terrorist Bombings
1999 International Convention for the Suppression of the Financing of Terrorism
2005 International Convention for the Suppression of Acts of Nuclear Terrorism
A 14th international convention, a proposed Comprehensive Convention on International
Terrorism, is currently under negotiations.
UN Security Council Resolution 731 (January 21, 1992)
UN Security Council Resolution 748 (March 31, 1992)
UN Security Council Resolution 883 (November 11, 1993)
September 28, 2001 United Nations Security Council Resolution
1373 adopted under Chapter VII of the United Nations Charter
which makes it legally binding to member states. Among other
provisions, it favored the exchange of intelligence between
member states and legislative reforms. It established
the United Nations Security Council Counter-Terrorism
Committee (CTC) to monitor state compliance with its
provisions. Later resolutions concerning the same matter were
UNSC resolutions 1390, 1456, 1535 (which restructured the CTC),
1566, and 1624.
1977 European Convention on the
Suppression of Terrorism (Strasbourg,
January 1977)
2003 Protocol (Strasbourg, May 2003)
2006 Council of Europe Convention on
the Prevention of Terrorism
COUNCIL FRAMEWORK DECISION
of 13 June 2002
on combating terrorism
The Council of Europe
and the fight against terrorism
2007
CODEXTER Council of Europe
www.coe.int/gmt
The reaction to the
terrorist attacks of 9/11
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The Committee of Ministers
The Parliamentary Assembly
The European Ministers of Justice
At its 109th Session, on 8 November 2001,
the Committee
of Ministers agreed to take steps rapidly to increase the
effectiveness
of the existing international instruments
of
the Council of Europe on the fight against terrorism.
The Council of Europe’s reaction
to terrorism
3 main cornerstones of reaction
1.
Strengthen legal co-operation against
terrorism
2.
Promote fundamental values
3.
Addressing the causes of terrorism
Reaction of Council of Europe to
terrorism
Creation of two intergovernmental committees:
●
The Multidisciplinary Group on International Action against Terrorism
(GMT) (2001-2002)
●
Committee of Experts on Terrorism (CODEXTER) (created in 2003)
The GMT:
characteristics and terms of reference
4 aims :
•
ensure the follow-up in the legal field to the Declaration adopted
by the Committee of Ministers on 12 September 2001
•
ensure a coherent and co-ordinated approach to the work in the
Council of Europe and in other fora
•
review the operation of, and examine the possibility of updating,
existing Council of Europe international instruments applicable to
the fight against terrorism, in particular the European Convention
on the Suppression of Terrorism
•
propose action which the Council of Europe could usefully carry
out in the fight against terrorism, taking account of the work
carried out in other international bodies and within the European
Union and hold exchanges of views on the conventions on
terrorism being prepared by the United Nations
Revision of the European
Convention on the Suppression of
Terrorism (ETS 90)
 The Convention: opened for signature in 1977, entered into force
in 1978
 45 signatures, 44 ratifications
 The role of the Convention: to facilitate the extradition of
terrorists through the “depoliticisation” of terrorist crimes
Aims of revision
 Extend the list of crimes to be “depoliticised”
 Simplify the amendment procedure
 Widen the scope of the Convention
The Additional Protocol
(ETS 190)
Approved by the GMT:
December 2002
Adopted by the Committee of Ministers:
February 2003
Opened for signature:
15 May 2003 – 45 signatory States
Entry into force:
Ratification by the States Parties to Convention ETS 90
Currently 26 of 45 States Parties have already ratified
Priority areas for action
identified by GTM
Adopted by the Committee of Ministers in November 2002
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special investigation techniques;
protection of witnesses and pentiti;
fight against the financing of terrorism;
study the concept of "apologie du terrorisme";
international law enforcement co-operation;
ID matters in relation to terrorism
Committee of Experts on Terrorism
(CODEXTER)
Aims :
• to periodically revise the results achieved in the
implementation of the priority activities
• to make appropriate proposals to the Committee of
Ministers on any new activities to intensify the Council of
Europe’s action in the fight against terrorism, including
preventive measures, while preserving and promoting
human rights and fundamental freedoms
Council of Europe Convention on the
Prevention of Terrorism (ETS 196)
Approved by the CODEXTER:
February 2005
Adopted by the Committee of Ministers:
May 2005
Opened for signature:
16 May 2005
Entry into force:
Ratification by 6 States
41 signatures and 7 ratifications. Convention entered into
force on 1 June 2007
"Apologie du terrorisme"
Aims:
• The definitions used in relation to terrorism
• The concepts of "apologie du terrorisme" and the search for an
equal balance between freedom of expression and the need to
prevent terrorism.
Results:
• Publication of "Apologie du terrorisme" and "Incitement to
terrorism" (2004)
• Inclusion of the provision to the Convention for the prevention
of terrorism on “Public provocation to commit a terrorist offence”
(Article 5)
Special Investigation
Techniques
Aim :
• to study the use of special investigation techniques respectful of
European criminal justice and human rights standards.
Result :
• Adoption of the Recommendation Rec(2005)10 of the
Committee of Ministers to member states on “special investigation
techniques” in relation to serious crimes including acts of
terrorism on 20 April 2005.
• Publication of “Terrorism: Special investigation techniques”
(2005)
Protection of witnesses and
pentiti
Aim:
• to study the means for strengthening the protection of
witnesses and pentiti in relation to acts of terrorism.
• Recommendation (97)13 concerning intimidation of witnesses
and the rights of the defence.
Results:
• Adoption of Recommendation Rec(2005)9 of the Committee of
Ministers to member states on the protection of witnesses and
collaborators of justice on 20 April 2005.
• Publication of “Terrorism: Protection of witnesses and
collaborators of justice” (2006)
The fight against
financing of terrorism
Council of Europe activities in this field concentrate on:
• MONEYVAL – evaluation and peer pressure mechanism that
reviews the anti-money laundering measures and measures to
counter the financing of terrorism in Council of Europe member
States, which are not members of the Financial Action Task Force
(FATF).
• Review of the Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime (ETS No. 141), carried
out by PC-RM, that has become necessary after adoption of the
Council of Europe Convention on laundering, search, seizure and
confiscation of the proceeds from crime and on the financing of
terrorism [CETS No. 198].
Convention [CETS No. 198]
Council of Europe Convention on laundering,
search, seizure and confiscation of the proceeds
from crime and on the financing of terrorism
Approved by the CDPC:
March 2005
Adopted by the Committee of Ministers:
May 2005
Opened for signature:
16 May 2005
Entry into force:
Ratification by 6 States
Currently 27 States have signed and 4 have ratified
Convention [CETS No. 198]
Council of Europe Convention on laundering,
search, seizure and confiscation of the proceeds
from crime and on the financing of terrorism
The Convention will allow to :
(a) quickly identify the goods or bank accounts and rapidly freeze
the funds;
(b) quickly access to financial information or information on assets
held by criminal organisations;
(c) develop an efficient cooperation among the Financial
Intelligence Units
The Convention also includes a mechanism to ensure the proper
implementation by parties of its provisions.
Aims:
International Law
Enforcement Co-operation
• To improve mutual assistance in criminal matters, in view also
of obtaining evidence
•To intensify and accelerate exchange of information, in
particular concerning the actions and movements of terrorists
and of terrorist groups.
• Recommendation Rec (2007) 1 to member states regarding cooperation against terrorism between the Council of Europe and its
member states, and the International Criminal Police Organization
(ICPO - Interpol).
ID matters in relation to
terrorism
Aims:
• to strengthen document security;
• to facilitate the access of national authorities to documentary
registers;
• to facilitate the identification of persons who have changed
their names or who have several different names , nationalities,
travel or ID documents;
• to facilitate the notification and registering of events occurring
in other countries which affect an individual’s identity;
• to promote the use of scientific identification in identity
documentation.
Results:
Adoption of Recommendation Rec(2005)7 of the Committee of
Ministers to member states concerning identity and travel
documents and the fight against terrorism on 30 March 2005.
Current priorities
To strengthen legal action against terrorism:
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the preparation of country profiles on counter-terrorism
capacity;
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exchanges of information and best practice on compensation
and insurance schemes for the victims of terrorism;
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monitoring the signatures and ratifications of the abovementioned conventions and promotion of their early entry into
force.
In addition to the above-mentioned activities, the CODEXTER
pursues its work aimed at identifying gaps in international law
and action against terrorism and proposing ways and means to
fill them.
Country profiles
Country profiles are short reports, which
provide information on the legislative and
institutional capacity of Council of Europe
member and observer states to fight against
terrorism.
The profiles are available at the website: www.coe.int/gmt
Victims of terrorist acts
• The CODEXTER pursues regular exchanges of information and
best practice on the national level on protection and
compensation in relation to victims.
• Considerable number of Recommendations on the issue
• Guidelines on the protection of victims of terrorist acts (2005)
• On 14 June 2006 the Committee on Ministers has adopted
Recommendation Rec(2006)8 of the Committee of
Ministers to member states on assistance to crime victims.
Guidelines on Human Rights and the
Fight against Terrorism
• Adoption by the Committee of Ministers: 11 July 2002
• Aim: to help States to contribute effectively to the fight against
terrorism whilst respecting human rights and fundamental freedoms and
to show that it is possible to reconcile the needs of the defence of
society with the protection of fundamental rights and freedoms. This is
the first international legal document dealing with this issue.
• Contents: 17 principles setting the limits States must impose in their
fight against terrorism, in the light of international texts and the caselaw of the European Court of Human Rights.
• Guidelines on the Protection of Victims of Terrorist Acts,
adopted by the Council of Ministers on 5 March 2005.
Monitoring of signatures and
ratifications of conventions
against terrorism
Since its 10th session CODEXTER conducted a thematic review on
the implementation of Council of Europe conventions against
terrorism:
• Accession to Council of Europe conventions against terrorism:
- Situation of States in relation to signatures/ratifications of
the conventions;
- Obstacles or difficulties to pursue the process of accession.
• Implementation, in particular, of the
Convention on the Prevention of Terrorism.
Council of Europe
Conventions of the
Council of Europe
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The European Convention on the Suppression of Terrorism [ETS No. 90].
Council of Europe Convention on the Prevention of Terrorism [ETS No. 196]
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of
the Proceeds from Crime and on the Financing of Terrorism [ETS No. 198]
The European Convention on Extradition (ETS No. 24) and its 2 Additional
Protocols (ETS Nos 86 and 98)
The European Convention on Mutual Assistance in Criminal Matters (ETS
No. 30) and its Additional Protocols (ETS Nos 99 and 182)
The European Convention on the Transfer of Proceedings in Criminal
Matters (ETS No. 73)
The European Convention on the Compensation of Victims of Violent Crimes
(ETS No. 116)
The Convention on Laundering, Search, Seizure and Confiscation of
the Proceeds from Crime (ETS No. 141).
The Convention on Cybercrime (ETS No. 185) and its Additional Protocol (ETS
No. 189)
Thank you
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Terrorism in Europe - UNI-NKE