Inchoate offences: the sanctioning of an act prior to and irrespective of the commission of any harm
Following an introduction and a general critical assessment of both Framework Decisions, the first part will be devoted to the interplay between these two EU instruments and national provisions, including a study of the relevant domestic case law. Nine Member States (France, Germany, Italy, Spain, UK, Austria, Belgium, Denmark and Hungary) have been selected in order to ensure a balanced representation and particularly the division between two groups of States. The first group is made of few jurisdictions that have experienced serious and long-lasting periods of political violence and terrorism, developed specific terrorist offences and have been influential in providing a model for shaping a common European counter-terrorism strategy. The second group encompasses States that have defined terrorist offences as autonomous ones in their penal codes only when required by the 2002 Framework Decision on combating terrorism. A second and briefer part looks at the influence on European cooperation of the two relevant EU framework decisions harmonizing the terrorist offences. A third and last part is entirely dedicated to the issue of the shift towards prevention in the fight against terrorism and gathers several crosscutting reports for this purpose. The book ends with a transversal and analytical conclusion.
Journal/Publisher: Éditions de l'Université Libre de Bruxelles
Co-author/s: Francesca GALLI in Anne WEYEMBERGH and Francesca GALLI (Eds.), "EU Counter-terrorism offences: What impact on national legislation and case-law?"
Publication type: Article
Number of pages/Page range: 291-303
Language/s (content): English
Date of publication: 01-09-12
Personal data
Full name Katja SUGMAN
Current occupation Contact Point
University/Institution University of Ljubljana
Address Poljanski Nasip 2
Postal code 1000
Country Slovenia
Telephone +386 1 4203 187