U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

European Judicial Space in the Face of 'Euroterrorism' and the Safeguard of the Fundamental Human Rights of the Common Market

NCJ Number
74625
Journal
Revue internationale de criminologie et de police technique Volume: 33 Issue: 3 Dated: (July-September 1980) Pages: 289-308
Author(s)
C van denWijngaert
Date Published
1980
Length
20 pages
Annotation
The need for concerted efforts to control terrorism in Europe, especially through creation of a 'European judicial space,' is discussed.
Abstract
Although the Council of Europe and the Common Market countries have simultaneously sought to organize efforts to control terrorism and create a 'European judicial space' to that end, efforts have been hindered by questions regarding forms of police cooperation across borders, issues relating to privacy of information, and diverse definitions of terrorist activities. In fact, it has become clear that a European judicial space must also provide laws protecting the rights of European citizens. Conventions adopted so far to attain these ends call for universal extradition among the nine Common Market countries and application of the 1977 European Convention for the Repression of Terrorism. The latter, called the Dublin Accord, limits use of reserve clauses by member states and makes the Convention applicable to European states not party to the European Convention. Like the Convention, the Accord has been criticized for placing severe restrictions on political asylum, for creating an extremely complicated legal situation with regard to extradition, and for failing to assure repression of war crimes and crimes against humanity. A first draft regarding cooperation in penal matters is the first step in a long-term project which covers extradition, mutual legal assistance, execution of verdicts reached abroad, and prisoner transfer. It is deemed essential that the Common Market countries continue to link their efforts for more effective repression of international crime with guarantees protecting individual rights within the European judicial space. Notes are supplied. --in French.