УДК 343.341(4-672EU)
Библид: 1451-3188, 14 (2015)
Vol. 15, No 51, стр. 71-91

Изворни научни рад
Примљено: 01 Jan 1970
Прихваћено: 01 Jan 1970


Novičić Žaklina (Институ за међународну политику и привреду, Београд), zaklina@diplomacy.bg.ac.rs

In this paper, the author analyses origins, development and content of terrorist criminal offenses in the EU law. Key legislative measure, the Council Framework Decision of 13 June 2002 on combating terrorism as amended by provisions of the Framework Decision of 28 November 2008, consists of the definition of terrorism offences, of a terrorist group, penalties and sanctions, jurisdiction rules, etc. National measures of implementation were reviewed by the Commission by the end of 2014, and conclusions have shown that the implementation resulted in transposition of required mesures by the Member States. However, the remaining doubts concern the eventually broad scope of some criminal offenses, particularly „public provocation to commit a terrorist offence“, meaning the conduct which, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed. These concerns are reflected in one of fundamental tensions between security and freedom of speech and other human rights, the tension which was also stressed during debates in the aftermath of the terrorist attack on the French magazine Charlie Hebdo earlier this year.

Кључне речи: terrorism offences, framework decision, implementation, public provocation, freedom of speech