DIRECTIVA (UE) 2017/541 A PARLAMENTULUI EUROPEAN ŞI A CONSILIULUI DIN 15 MARTIE 2017 PRIVIND COMBATEREA TERORISMULUI ŞI DE ÎNLOCUIRE A DECIZIEI-CADRU 2002/475/JAI A CONSILIULUI ŞI DE MODIFICARE A DECIZIEI 2005/671/JAI A CONSILIULUI
DIRECTIVE (EU) 2017/541 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 MARCH 2017 ON COMBATING TERRORISM AND REPLACING COUNCIL FRAMEWORK DECISION 2002/475/JHA AND AMENDING COUNCIL DECISION 2005/671/JHA

Summary/Abstract: Published in the Official Journal of the European Union no. 88/31.03.2017, the Directive applies from 20 April 2017 and establishes „minimum rules on the definition of offenses and sanctions in the field of terrorist offenses, offenses relating to a terrorist group and offenses related to terrorist activities, and measures for protecting, supporting and assisting victims of terrorism” (Article 1 of the Directive), the Member States being required to bring into force the laws, regulations and administrative provisions necessary to comply by 8 September 2018. Although at the time of publication of the Directive in the Official Journal of the European Union at the national level there where 14 (fourteen) normative acts which ensured its partial transposition, the European Commission ordered on 22 November 2018 the opening of an infringement procedure against Romania (and against 15 other member states – Belgium, Bulgaria, Czech Republic, Estonia, Greece, Spain, Croatia, Cyprus, Lithuania, Luxembourg, Malta, Austria, Poland, Portugal and Slovenia). All 16 countries received letters of formal notice from the European Commission (the first stage of the pre-litigation phase), having 2 (two) months to notify national measures for the full and proper implementation of the Counter-Terrorism Rules, as outlined in Directive (EU) 2017/541 (otherwise the European Commission may consider moving to the second and final phase of the pre-litigation phase before the Court of Justice of the European Union, respectively the reasoned opinion). At the level of the Government of Romania, the transposition of Directive (EU) 2017/541 was a priority. After the adoption of the Law amending and completing the Law no. 535/2004 on the prevention and combating of terrorism and G.E.O. no. 24/2019 for amending and completing the Law no. 211/2004 on certain measures to ensure the protection of victims of crime as well as other normative acts, there is probably a full transposition of the european legislative act, the European Commission having to order the closure of the infringement procedure initiated against Romania.

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