EU Counter-Terrorism Agenda - Related Opinions
The EESC highly appreciates the first activation of the Temporary Protection Directive 2001/55/EC in the context of the Russian aggression against Ukraine. The current activation of the Directive could well be used to develop solidarity mechanisms among the Member States. It strongly supports an urgent need for effective, genuine, humane – and humanitarian – common European regulations on migration, asylum and security cooperation in an open, but equally secure Schengen area, in full accordance with the Charter of Fundamental Rights. The consequences of the war are also a threat for the European model of the social market economy as well as for the freedom and rights of EU citizens and other inhabitants. The EESC encourages preserving and valuing the Schengen area as it is currently constituted, to guarantee not only the free movement of human beings, but also the functioning of the Single Market.
Through this Opinion, the EESC supports the proposal by the European Commission to extend the list of EU crimes to all forms of hate crime and hate speech. It considers that the criteria set out in Article 83(1) of the TFEU for such an extension (significant developments in the area, a cross-border dimension, the need to act on a common basis) are met. The EESC therefore encourages the Council to adopt the proposed Decision in order to allow the European Commission to set minimum rules concerning the definition of criminal offences and penalties in this area of crime.
The EESC welcomes the Commission proposal on preventing the dissemination of terrorist content online, while calling for the indeterminate legal concepts such as "terrorist information, terrorist acts, terrorist groups or advocacy of terrorism" to be defined as precisely as possible. The EESC highlights the need to assess the effects of the application of this proposal on SMEs, as well as to consider transition arrangements facilitating their adaptation and a level playing field.
The EESC agrees with the need to allocate more resources to operational and preventive security-related actions and programmes and supports the creation of a flexible and transparent fund – distributing resources according to clear and predictable operational criteria and objectives – in order to strengthen them. The Security Fund should be designed so as to strengthen a preventive policy, which requires active engagement and cooperation with civil society, especially in terms of caring for and making arrangements for victims, auditing security actors, and preventing radicalisation. Grants from the Fund – in the case of both EU Member States and third countries – must only go to public institutions that can effectively ensure that human rights will be strictly upheld.
Le CESE estime que la directive devrait présenter un meilleur équilibre entre les droits fondamentaux des personnes et la nécessité de garantir une meilleure application de la législation touchant à la lutte contre la criminalité et à sa répression.
Le CESE formule un certain nombre de recommandations concrètes, portant notamment sur les points suivants: