Combating terrorism: criminalisation of offences linked to terrorist activities. Framework Decision

The Slovenian Presidency considered that this proposal was very important and stressed that it was very delicate since it was situated on the borderline of fundamental rights and freedoms such as freedom of expression, assembly or association and the right to respect for family life.

It was therefore essential that the right balance was struck in the instrument.

The Council focused its debate on the safeguards relating to respect for human rights and the principle of proportionality. The Slovenian Presidency concluded that a majority of Member States agreed to add to the recitals of the text a clause on proportionality based on Article 12.2 of the Council of Europe Convention on prevention of terrorism.

A majority of Member States also supported the addition to the framework decision of a new article based on the framework decision on combating certain forms of expressions of racism and xenophobia by means of criminal law.

The Presidency announced its intention of reaching a general approach on this proposal at the next JHA Council in April 2008.