10 Amendments of Stavros LAMBRINIDIS related to 2007/0236(CNS)
Amendment 19 #
Recital 7
(7) The current proposal foresees the criminalisation of terrorist linked offences in order to contribute to the more general policy objective of prevention of terrorism through reducing the dissemination of those materials which mightith the intention and the likelihood to incite persons to commit terrorist attacks.
Amendment 21 #
Recital 11
(11) Penalties and sanctions should be provided for natural and legal persons having committed or being liable for public provocation to commit terrorist offences, recruitment for terrorism and training for terrorism, when committed intentionally. These forms of behaviour should be equally punishable in all Member States irrespective of whether they are committed through the Internet or not.
Amendment 24 #
Recital 12
(12) Additional jurisdictional rules should be established to ensure that public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism may be effectively prosecuted when they are directed towards and are likely tor resulted in the commission of a terrorist offence which is subject to the jurisdiction of a Member State.
Amendment 26 #
Recital 14
(14) The Union observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, notably Chapters II and VI thereof. Nothing in this Framework Decision may be interpreted as being intended to reduce or restrict fundamental rights or freedoms such as freedom of expression, assembly, or of association, the right to respect for private and family life, including the right to respect of the confidentiality of correspondence, including the content of e-mail and other kinds of electronic correspondence.
Amendment 30 #
Recital 15 a (new)
(15a) The criminal sanctions provided for in this Framework Decision should be effected in such a way as to be proportionate to the legitimate aims pursued, necessary and appropriate in a democratic society and non- discriminatory.
Amendment 34 #
Proposal for a decision – amending act
Article 1 − point (-1)
Article 1 − point (-1)
(-1) The following paragraph is inserted after article 1, paragraph 2: "(2a) This Framework Decision shall not have the effect of requiring Member States to take measures in contradiction to fundamental principles relating to freedom of expression, including freedom of the press and the freedom of expression in other media as they result from constitutional traditions of rules governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability, including the right to respect of the confidentiality of correspondence, as well as the content of e-mail and other kinds of electronic correspondence. "
Amendment 35 #
Proposal for a decision – amending act
Article 1 − point -1 a
Article 1 − point -1 a
(-1a) The following paragraph is added after article 1, paragraph 2a: "(2b) This Framework Decision shall not reduce or restrict the dissemination of information for scientific, academic or reporting purposes, the expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism."
Amendment 39 #
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 1 − point (a)
Article 3 − paragraph 1 − point (a)
(a) "public provocation to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the acts listed in Article 1(1)(a) to (h), where such conduct, whether or not directly advocating terrorist offences, causes a realistic danger that one or more such offences may be committed;
Amendment 45 #
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 3 a (new)
Article 3 − paragraph 3 a (new)
3a. The Member States shall ensure that the acts referred to in paragraph 2(a) to (c) of this Article are criminalised with due respect for the obligations relating to freedom of speech and freedom of association by which those States are bound, including the obligations relating to freedom of the press and freedom of speech in other media.
Amendment 46 #
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 3 b (new)
Article 3 − paragraph 3 b (new)
3b. The Member States shall also ensure that the criminalisation of the acts referred to in paragraph 2(a) to (c) of this Article is proportionate to the nature and the circumstances of the offence (having regard to the legitimate aims pursued and the necessity and appropriateness thereof in a democratic society) and excludes any form of arbitrariness and of discriminatory or racist treatment.