The new EU counter-terrorism directive: closing all the gaps in the EU legal framework?

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Abstract

With the passing of the 2017 directive on combatting terrorism the EU has opened up a new chapter in the EU transnational counter-terrorism policing. As stated in the preamble to the directive, “the terrorist threat has grown and rapidly evolved in recent years”. The preamble goes on to say that “the global character of terrorism necessitates and international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries”, an issue which is not followed up in detail in the operative part of the directive. A broader definition of a terrorist offence is now provided, to include “public provocation to commit a terrorist offence”, and “organising or otherwise facilitating travelling for the purposes of terrorism”. These provisions will all have to be enacted into 24 EU member state laws by the 8th September 2018. While this directive strengthens the EU legal CT framework, opportunities have been missed to fill further gaps in the legal framework, to include the provision of security related tasks by private entities, such as internet service providers and social media platforms, through a nodal governance of security through better use of reflexive law mechanisms.
Original languageEnglish
Title of host publicationThe development of transnational policing
Subtitle of host publicationpast, present and future
EditorsJohn L. M. McDaniel, Karlie E. Stonard, David J. Cox
Place of PublicationOxford
PublisherRoutledge
Chapter12
Pages269-289
Number of pages21
Edition1st
ISBN (Electronic)9781351039543
ISBN (Print)9781138488779
DOIs
Publication statusPublished - 15 Oct 2019

Publication series

NameRoutledge Frontiers of Criminal Justice
PublisherRoutledge

Fingerprint

terrorism
EU
offense
third countries
provocation
EU member state
state law
social media
service provider
threat
governance
Internet
Law

Cite this

O'Neill, M. (2019). The new EU counter-terrorism directive: closing all the gaps in the EU legal framework? In J. L. M. McDaniel, K. E. Stonard, & D. J. Cox (Eds.), The development of transnational policing: past, present and future (1st ed., pp. 269-289). (Routledge Frontiers of Criminal Justice). Oxford: Routledge. https://doi.org/10.4324/9781351039543
O'Neill, Maria. / The new EU counter-terrorism directive : closing all the gaps in the EU legal framework?. The development of transnational policing: past, present and future. editor / John L. M. McDaniel ; Karlie E. Stonard ; David J. Cox. 1st. ed. Oxford : Routledge, 2019. pp. 269-289 (Routledge Frontiers of Criminal Justice).
@inbook{7e476ca61dd0413195f5692439556f9a,
title = "The new EU counter-terrorism directive: closing all the gaps in the EU legal framework?",
abstract = "With the passing of the 2017 directive on combatting terrorism the EU has opened up a new chapter in the EU transnational counter-terrorism policing. As stated in the preamble to the directive, “the terrorist threat has grown and rapidly evolved in recent years”. The preamble goes on to say that “the global character of terrorism necessitates and international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries”, an issue which is not followed up in detail in the operative part of the directive. A broader definition of a terrorist offence is now provided, to include “public provocation to commit a terrorist offence”, and “organising or otherwise facilitating travelling for the purposes of terrorism”. These provisions will all have to be enacted into 24 EU member state laws by the 8th September 2018. While this directive strengthens the EU legal CT framework, opportunities have been missed to fill further gaps in the legal framework, to include the provision of security related tasks by private entities, such as internet service providers and social media platforms, through a nodal governance of security through better use of reflexive law mechanisms.",
author = "Maria O'Neill",
year = "2019",
month = "10",
day = "15",
doi = "10.4324/9781351039543",
language = "English",
isbn = "9781138488779",
series = "Routledge Frontiers of Criminal Justice",
publisher = "Routledge",
pages = "269--289",
editor = "McDaniel, {John L. M. } and Stonard, {Karlie E.} and Cox, {David J.}",
booktitle = "The development of transnational policing",
address = "United Kingdom",
edition = "1st",

}

O'Neill, M 2019, The new EU counter-terrorism directive: closing all the gaps in the EU legal framework? in JLM McDaniel, KE Stonard & DJ Cox (eds), The development of transnational policing: past, present and future. 1st edn, Routledge Frontiers of Criminal Justice, Routledge, Oxford, pp. 269-289. https://doi.org/10.4324/9781351039543

The new EU counter-terrorism directive : closing all the gaps in the EU legal framework? / O'Neill, Maria.

The development of transnational policing: past, present and future. ed. / John L. M. McDaniel; Karlie E. Stonard; David J. Cox. 1st. ed. Oxford : Routledge, 2019. p. 269-289 (Routledge Frontiers of Criminal Justice).

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

TY - CHAP

T1 - The new EU counter-terrorism directive

T2 - closing all the gaps in the EU legal framework?

AU - O'Neill, Maria

PY - 2019/10/15

Y1 - 2019/10/15

N2 - With the passing of the 2017 directive on combatting terrorism the EU has opened up a new chapter in the EU transnational counter-terrorism policing. As stated in the preamble to the directive, “the terrorist threat has grown and rapidly evolved in recent years”. The preamble goes on to say that “the global character of terrorism necessitates and international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries”, an issue which is not followed up in detail in the operative part of the directive. A broader definition of a terrorist offence is now provided, to include “public provocation to commit a terrorist offence”, and “organising or otherwise facilitating travelling for the purposes of terrorism”. These provisions will all have to be enacted into 24 EU member state laws by the 8th September 2018. While this directive strengthens the EU legal CT framework, opportunities have been missed to fill further gaps in the legal framework, to include the provision of security related tasks by private entities, such as internet service providers and social media platforms, through a nodal governance of security through better use of reflexive law mechanisms.

AB - With the passing of the 2017 directive on combatting terrorism the EU has opened up a new chapter in the EU transnational counter-terrorism policing. As stated in the preamble to the directive, “the terrorist threat has grown and rapidly evolved in recent years”. The preamble goes on to say that “the global character of terrorism necessitates and international answer, requiring the Union and its Member States to strengthen cooperation with relevant third countries”, an issue which is not followed up in detail in the operative part of the directive. A broader definition of a terrorist offence is now provided, to include “public provocation to commit a terrorist offence”, and “organising or otherwise facilitating travelling for the purposes of terrorism”. These provisions will all have to be enacted into 24 EU member state laws by the 8th September 2018. While this directive strengthens the EU legal CT framework, opportunities have been missed to fill further gaps in the legal framework, to include the provision of security related tasks by private entities, such as internet service providers and social media platforms, through a nodal governance of security through better use of reflexive law mechanisms.

U2 - 10.4324/9781351039543

DO - 10.4324/9781351039543

M3 - Chapter (peer-reviewed)

SN - 9781138488779

T3 - Routledge Frontiers of Criminal Justice

SP - 269

EP - 289

BT - The development of transnational policing

A2 - McDaniel, John L. M.

A2 - Stonard, Karlie E.

A2 - Cox, David J.

PB - Routledge

CY - Oxford

ER -

O'Neill M. The new EU counter-terrorism directive: closing all the gaps in the EU legal framework? In McDaniel JLM, Stonard KE, Cox DJ, editors, The development of transnational policing: past, present and future. 1st ed. Oxford: Routledge. 2019. p. 269-289. (Routledge Frontiers of Criminal Justice). https://doi.org/10.4324/9781351039543