Terrorism

205 cases, 9 jits, 22 coordincation meetings

Terrorism represents a major threat to the safety of Europe’s citizens. Recent years have brought a rise in the frequency and scale of terrorist incidents within the European Union. The growing complexity for judicial authorities dealing with terrorism is reflected in a steady number of new terrorist cases coordinated through Eurojust’s National Members and Liaison Prosecutors, including following the terrorist attacks on the Thalys train, in Paris and Saint-Denis, Brussels and Zaventem, Nice, Saint-Etienne-du-Rouvray, Berlin, Stockholm, Barcelona and Cambrils, Turku, and Strasbourg. Increasingly, terrorist groups are highly organised and operate across borders, which presents mounting challenges to national authorities in the Member States and elsewhere. The unpredictable nature of ‘lone-actor’ terrorism presents national authorities with an additional challenge.

Eurojust assists national authorities by coordinating investigations and prosecutions and facilitating judicial cooperation in a growing number of cross-border terrorism cases. Eurojust also set up a European Judicial Counter-Terrorism Register to collect information on judicial counter-terrorism proceedings from all EU Member States and identify possible links. Through judicial cooperation and with the help of Eurojust, national authorities can also ensure that victims of terrorist acts are supported and protected and their rights are guaranteed. Further, the Agency works on a cross-border level to raise awareness and develop strategies to tackle specific issues, such as foreign terrorist fighters (FTFs) returning to Europe.

Eurojust’s role

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2019 Eurojust Report on Counter-Terrorism

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Given the often transnational nature of terrorism, effective judicial cooperation between States is essential to prevent terrorist acts, to bring the perpetrators, instigators and financiers of terrorism to justice, and to tackle the root causes of this phenomenon. Eurojust assists national authorities by coordinating investigations and prosecutions and facilitating judicial cooperation in a growing number of cross-border terrorism cases. The Agency helps law enforcement and judicial professionals to undertake investigations and build solid prosecution cases; for example by assisting the setting-up, financing and smooth running of joint investigation teams (JITs), and by organising coordination meetings and coordination centres, and joint action days. With the support of a specially appointed Seconded National Expert (SNE) on terrorism, Eurojust also facilitates operational cooperation between Eurojust and Europol’s European Counter Terrorism Centre.

Eurojust works closely with EU Member States as well as the Justice and Home Affairs (JHA) agencies’ network to step up the judicial response to terrorism. These efforts include intensifying the exchange of relevant data, defining a response to foreign terrorist fighters (FTFs) returning to Europe, and providing support to victims of terrorist attacks. Further, Eurojust shares the experiences it gains in supporting national authorities in counter-terrorism investigations and prosecutions, as well as the findings of its analyses, with practitioners, policymakers and lawmakers at the EU and national level. Sharing experiences and findings raises awareness about the challenges facing judicial authorities and contributes to the wider effort to develop a coherent approach towards the criminalisation of terrorism-related crimes and to avoid prosecution gaps throughout the European Union.

Counter-Terrorism Register

To strengthen cross-border cooperation against terrorism, in September 2019, Eurojust launched the European Judicial Counter-Terrorism Register (CTR), in partnership with the EU Member States. The CTR is a unique operational tool at EU level that provides proactive support to national judicial authorities.

Digital Information Exchange in Terrorism Cases

Digital Information Exchange in Terrorism Cases

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On 31 October 2023, Regulation (EU) 2023/2131 amending the Eurojust Regulation as regards digital information exchange in terrorism cases entered into force, reinforcing the CTR.

The CTR collects information on judicial proceedings against suspects of terrorist offences, transmitted to Eurojust on the basis of the amended Eurojust Regulation, and previously of Council Decision 2005/671/JHA. It helps identify links between judicial proceedings that are not known to national authorities. The links between proceedings identified by Eurojust help national authorities to reveal the cross-border nature of terrorist cells and/or activities and better understand the connections to other serious crimes. Once a link is confirmed, national authorities may decide to follow up bilaterally or ask Eurojust for legal and operational assistance tailored to the specific needs of each case. Eurojust may also take a proactive role in coordinating cross-border cases and act on its own initiative, as provided for in the Eurojust Regulation.

This information helps prosecutors to coordinate more actively and to identify the suspects or networks that are being investigated in specific cases with potential cross-border implications, in full respect of the applicable data protection rules. Ultimately, the CTR makes it easier for prosecutors to bring suspects of terrorist offences to justice. The CTR is managed by Eurojust in The Hague on a 24/7 basis.

Foreign terrorist fighters

Defining an efficient criminal justice response to foreign terrorist fighters (FTFs) and returnees from conflict zones has been a major focus of EU Member States over the past few years. Depending on national legislation and their alleged acts, suspected FTFs and returnees may be prosecuted for:

  • participation in, or support to, the activities of a terrorist group;
  • preparation for terrorist acts;
  • travelling for the purpose of terrorism;
  • recruitment for terrorism;
  • providing and receiving training for terrorism;
  • terrorism financing;
  • (unlawful) participation in an armed conflict abroad;
  • material support to terrorism;
  • money laundering;
  • war crimes, crimes against humanity and genocide; or
  • other offences (for example murder, kidnapping, abduction, manslaughter, etc.).

Evidence-gathering and investigation in the conflict zone are, however, extremely complicated tasks.

Eurojust coordinates many specific investigations and prosecutions of FTFs or returnees. The Agency provides unique legal and operational assistance to investigations and prosecutions of FTFs and returnees by facilitating the cooperation between national authorities, helping identify links between judicial proceedings, advising on various legal issues and helping improve synergies and coordination among national authorities. To ensure enhanced coordination and swift response to terrorist threats, including from FTFs and returnees, Eurojust also promotes the efficient use of existing tools and mechanisms for sharing of information.

Since 2013, Eurojust has held regular meetings to discuss and analyse the Member States’ criminal justice response to FTFs to help judicial authorities define an effective response. In 2015, Eurojust was also asked by the Council of the EU and the Member States to contribute to the further development of the criminal policy with regard to FTFs by continuing to monitor trends and developments in the applicable legal framework and relevant jurisprudence in the EU Member States, including the use of alternatives to prosecution and detention in terrorism cases.

Battlefield evidence

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Eurojust Memorandum on Battlefield Evidence

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A crucial element in the proceedings against foreign terrorist fighters is the collection of battlefield evidence. In 2017, Eurojust, in close co-operation with the national correspondents for Eurojust for terrorism matters and the Genocide Network, started mapping best practice and challenges in the use of information collected by the military from armed conflict zones as evidence in terrorism and/or war crimes proceedings and/or as the basis for opening criminal investigations or prosecutions.

This cooperation intensified throughout 2019, with Eurojust working with the U.S. Government Battlefield Information Project, a joint initiative of the U.S. Department of Justice and U.S. Department of Defense, to support the use of battlefield information collected by military personnel (in Syria and Iraq) in counter-terrorism cases in civilian courts. The project fosters close cooperation between the authorities in the USA and the EU Member States in operational counter-terrorism matters.

Further information

In addition to the legal and operational support to investigations and prosecutions referred to Eurojust for assistance, Eurojust also analyses national jurisprudence and experience in dealing with various aspects of the criminal justice response to terrorism. The analysis is shared with judicial practitioners and EU stakeholders to help identify common challenges, lessons learned and best practice.

For example, the Terrorism Convictions Monitor (TCM) is a Eurojust report that provides a regular overview of terrorism-related judgments across the European Union. It is intended to encourage and facilitate the sharing of information on convictions and acquittals for terrorist offences across the European Union. Launched by Eurojust in 2008, the TCM has many editions available for review.

In November and December 2020, Eurojust expert workshops on violent right-wing extremism and terrorism brought together judicial practitioners and counter-terrorism experts to share experience and identify common legal and operational challenges in investigating and prosecuting offences committed by right-wing extremist and terrorist groups and lone actors. A summary of these discussions is available as a report.

Information on Eurojust’s work in relation to counter-terrorism is also presented in this factsheet. More details on the cooperation between Eurojust and the EU Network for investigation and prosecution of genocide, crimes against humanity and war crimes (‘Genocide Network’) can be found here and in this factsheet.

Publications

08 November 2024|AVAILABLE IN ENGLISH
On 18-19 April, high-level representatives and prosecutors from the European Union, the United States, international organisations and civil society met at Eurojust to discuss the latest developments and cooperation tools for the access to and use of battlefield evidence collected in the context of...
28 June 2024|AVAILABLE IN ENGLISH
A terrorist attack, planned to take place in France on 1 July 2018, was prevented through the actions of the Belgian authorities and their partners in Germany, France and Luxembourg. Based on information from their security services, the law enforcement services arrested several suspects and...
22 March 2024|AVAILABLE IN ENGLISH
The 2023 Eurojust Meeting on Counter-Terrorism focused on the amendments to the Eurojust Regulation concerning digital information exchange in terrorism cases and the European Judicial Counter-Terrorism Register, victims’ rights, including the work of Eurojust in the framework of victims’ rights and...
31 October 2023|AVAILABLE IN 24 LANGUAGES
On 31 October 2023, an amendment of the Eurojust Regulation entered into force, enhancing Eurojust’s ability to identify links between terrorism investigations and prosecutions, to establish a modern Case Management System, to provide a secure digital communication channel between Member States and...
05 April 2023|AVAILABLE IN ENGLISH
The 2022 European Union Agency for Criminal Justice Cooperation (Eurojust) Meeting on Counter-Terrorism focused on operational experience with cases opened on the basis of information transmitted within the framework of the European Judicial Counter-Terrorism Register (CTR), cross-border...
05 April 2022|AVAILABLE IN ENGLISH
Eurojust’s 2021 meeting on counter-terrorism tackled topics ranging from addressing the dissemination of terrorist content online, left-wing and right-wing extremism and terrorism, the threat posed by prison leavers, and the use of battlefield evidence. The meeting brought together Eurojust national...
17 December 2021|AVAILABLE IN ENGLISH
The Eurojust Casework on Counter-Terrorism: Insights 2020–2021 report presents the tangible results achieved (including seizures, confiscations, arrests and convictions) thanks to Eurojust’s coordination of counter-terrorism cases. It builds on Eurojust’s experience in assisting cross-border counter...
08 April 2021|AVAILABLE IN ENGLISH
Eurojust Expert Workshops on violent right-wing extremism and terrorism brought together judicial practitioners and counter-terrorism (CT) experts to share experience and identify common legal and operational challenges in investigating and prosecuting offences committed by right-wing extremist and...
09 December 2020|AVAILABLE IN 24 LANGUAGES
With the evolution of the security threat and the changing complexity of terrorist attacks and terrorist activities targeting EU Member States, it has become evident that an efficient judicial response to terrorism often reaches beyond a single jurisdiction. To address challenges efficiently...
21 September 2020|AVAILABLE IN 24 LANGUAGES
The 2020 Eurojust Memorandum on Battlefield Evidence reports on the present possibilities and experiences of using battlefield evidence in criminal proceedings in the EU Member States and non-EU countries. This report was produced following a recommendation from the EU Counter-Terrorism Coordinator...