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

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.