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Galli, Francesca --- "Legal perspectives on terrorism: is Europe unprepared? EU counter-terrorism policies to address the foreign fighters and returnees phenomena" [2019] ELECD 2978; in Mitsilegas, Valsamis; Hufnagel, Saskia; Moiseienko, Anton (eds), "Research Handbook on Transnational Crime" (Edward Elgar Publishing, 2019) 52

Book Title: Research Handbook on Transnational Crime

Editor(s): Mitsilegas, Valsamis; Hufnagel, Saskia; Moiseienko, Anton

Publisher: Edward Elgar Publishing

Section: Chapter 5

Section Title: Legal perspectives on terrorism: is Europe unprepared? EU counter-terrorism policies to address the foreign fighters and returnees phenomena

Author(s): Galli, Francesca

Number of pages: 14

Abstract/Description:

EU governments have established a complex framework for cooperation against terrorism within the Area of Freedom Security and Justice. In particular, given the significant differences in national and legal frameworks for the prevention and repression of terrorist offences in several EU Member States, the adoption of instruments aiming at the approximation of substantive criminal law in this field was considered indispensable to establish a common response at the EU level and also to facilitate judicial and police cooperation as most cases have a cross-border dimension. There is now, however, an additional concern about terrorist foreign fighters and returnees, and the most recurrent refrain in any comment on terrorist attacks is that ‘Europe is still unprepared’. This contribution assesses whether and to what extent the existing counter-terrorism framework matches current needs in terms of risk prevention and management. It also considers whether a more holistic approach is both desirable and possible at the EU level, and what that would entail.