Актуализираната наказателноправна уредба на ЕС за борба с тероризма
The EU Updated Criminal Law Regulation on Combating Terrorism

Summary/Abstract: The criminal law regulation of the EU on combating terrorism was updated through Directive (ЕU) 2017/541. Just like the other Directives adopted on the grounds of Art. 83 of the Treaty on the Functioning of the European Union (TFEU) after the Lisbon Treaty took effect, Directive (ЕU) 2017/541 does not produce effect with regard to all Member States. In this case, no effect is produced with regard to Denmark, the United Kingdom and Ireland. In the course of the study, the main specifics of criminal law regulation of the EU on combating terrorism are systematized and clarified: the main objective pursued by the Directive; formulation of a criterion according to which the acts of terrorism should be differentiated from any similar forms of criminal activity; comparative examination of the separate forms of terrorism specified in the Directive: ‘terrorist offences’, ‘offences related to terrorist groups’ and ‘offences related to terrorist activities’; the sanctions regime regarding terrorist acts; the effect of national criminal law on site; the requirement for providing the competent authorities with investigative tools for terrorism, such as those which are used in organized crime or other serious crime cases; the prescription according to which the prosecution of terrorist acts should not be dependent on a report or accusation made by a victim of terrorism or some other person subjected to such an act; the obligation of the Member States to adopt certain measures along with undertaking the prosecution. The updating of the EU criminal law regulation on combating terrorism carried out through the Directive cannot be assessed unambiguously. On the one hand, the Directive lays down clear standards on more detailed differentiation of criminal liability for terrorism. However, on the other hand, the Directive deepens the existing problems and even adds new ones, this being due to the limitation of its effect to a part of the Member States only.

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