The evolution of European Union criminal law (1957-2012)

economic loss; (e) seizure of aircraft, ships or other means of public or goods transport;
(f) manufacture, possession, acquisition, transport, supply or use of weapons, explosives
or of nuclear, biological or chemical weapons, as well as research into, and
development of, biological and chemical weapons; (g) release of dangerous substances,
or causing fires, floods or explosions the effect of which is to endanger human life; (h)
interfering with or disrupting the supply of water, power or any other fundamental
natural resource the effect of which is to endanger human life; (i) threatening to commit
any of the acts listed in (a) to (h).” “Any action involving aggravated theft, extortion or
drawing up false administrative documents with the view of committing any of the acts
mentioned earlier, shall be considered terrorist linked activities.” 611
Examples of proposed academic and legislative approaches to terrorism are useful in
helping to understand how broad and detailed the Framework Decision’s definition is.
Commonly accepted definitions by law enforcement agencies, for instance, tend to be
concise and narrower than the EU’s Framework Decision. The FBI considers terrorism
“the unlawful use of force or violence against persons or property to intimidate or
coerce a government, the civilian population, or any segment thereof, in furtherance of
political or social objectives.”; 612
whereas the CIA defines it as
“premeditated, politically motivated violence perpetrated against non-combatant
targets by subnational groups or clandestine agents, usually intended to influence an
audience.” 613
The contrast with previous national legislation on the definition of terrorism (or lack
of) is also sharp. Indeed, before the adoption of the Framework Decision only six
Member States criminalised terrorist acts autonomously: France, Germany, Italy,
Portugal, Spain and the UK. 614 All of them had narrower definitions than the EU’s.
611 Ibid..
612 Terrorism research centre, at http://www.terrorism-research.com/, visited on 22 November
2011.
613 Title 22 of the US Code, Section 2656f(d).
614 Proposal for a Council Framework Decision on combating terrorism, Brussels, 19.9.2001,
COM (2001)521 final, 6 - 7.
165