The New EU Counter-Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law

Erscheinungsjahr 2020
ISBN: 978-90-04-42462-3
Verlag: Brill

Buch, Englisch, 80 Seiten, Format (B × H): 149 mm x 230 mm, Gewicht: 144 g

Reihe: Brill Research Perspectives in International Law / Brill Research Perspectives in Transnational Crime

This study analyses the modern EU counter-terrorism trends, focusing on two parallel axes: (a) the repressive one, where new criminal offences related to terrorist activity (receiving training for terrorism, terrorist financing, travelling and facilitating travelling for the purpose of terrorism) have been instituted, and (b) the preventive one, where establishing a framework of provisions aiming to deter terrorist financing prevails. After critically evaluating EU's interventions in both axes, the study concludes by noting a ‘paradigm shift’ between repression and prevention in the field of countering terrorism, while suggesting proposals on a transposition of Directive (EU) 2017/541 into national legislations that adheres to the fundamental EU law principles, and a preventive control over terrorist financing that abides by the rule of law.

Autoren/Hrsg.

Karaliota, Nikoletta

Kaiafa-Gbandi, Maria

Kompatsiari, Eliza

Lampakis, Christos

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Gewalt Terrorismus, Religiöser Fundamentalismus
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Straf- und Strafverfahrensrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

The New EU Counter-Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law

Maria Kaiafa-Gbandi, Nikoletta Karaliota, Eliza Kompatsiari, and Christos Lampakis

Abstract

Keywords

1 Introduction

2 The Justification of the Extended Criminalisation of Acts Concerning Terrorism and the Respective Modern Approach in the Eu: a ‘Paradigm Shift’?

3 The Contemporary Model of Adopting Criminal Law Rules in the Field of Terrorism: the Principle of Legality in Crisis

4 The New Criminal Offences Related to Terrorist Activities: a Balance between Security and Respect for Fundamental Rights?

5 Preventing Terrorism through Complementary Measures Controlling Terrorist Financing

6 The Counter-Terrorism Repressive and Preventive Axes as Interlinked Measure Batches and the Misperceptions between Preventive and Repressive Function

7 Conclusions—Proposals

Acknowledgements

Bibliography

Über Autor(innen)

Nikoletta Karaliota is a PhD Candidate in Criminal Law, Aristotle University of Thessaloniki-AUTh and an Attorney at Law. Nikoletta holds a Degree in Law and a Master’s in criminal law. Her PhD is funded by the General Secretariat for Research and Technology and the Hellenic Foundation for Research and Innovation.

Eliza Kompatsiari, LLM (Hons) Criminal Law and Criminology, Aristotle University of Thessaloniki (AUTh), LLM (Hons) Public Law and Political Sciences, Democritus University of Thrace, is a PhD Candidate in Criminal Law at AUTh and an Attorney at Law at the Appeal Court. Her PhD is funded by Academy of Athens.

Christos Lampakis is a PhD Candidate in Criminal Law at AUTh and an Attorney at Law at the Appeal Court. His PhD is funded by “Onassis” Foundation. He holds a Degree in Law and a Master’s in criminal law.

Prof. Dr. Maria Kaiafa-Gbandi is a Professor of Criminal Law at the Aristotle University of Thessaloniki (Greece). She is the Director of the Research Institute for Transparency, Corruption and Financial Crime, and of the Postgraduate Studies Curriculum Committee. She is a member of the Council of the European Law Institute and she has written extensively on criminal law and European criminal law issues.