Opinion of the European Economic and Social Committee on Civil society participation in the fight against organised crime and terrorism
Date: 2006-09-13
Institutions: European Economic and Social Committee
Subjects: European Union, democratisation, fight against crime, organised crime, public safety, rule of law, terrorism

23.12.2006

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Opinion of the European Economic and Social Committee on Civil society participation in the fight
against organised crime and terrorism

(2006/C 318/26)

On 28 October 2005, the European Commission asked the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, to draw up an exploratory opinion
on Civil society participation in the fight against organised crime and terrorism.

The Section for Employment, Social Affairs and Citizenship, which was responsible for the Committee's
work on the subject, adopted its opinion on 13 July 2006. The rapporteurs were Mr Rodríguez García-Caro,
Mr Pariza Castaños and Mr Cabra de Luna.

At its 429th plenary session, held on 13 and 14 September 2006 (meeting of 13 September), the European
Economic and Social Committee adopted the following opinion by 182 votes to six, with 11 abstentions.

1. Introduction

1.1 Ms Margot Wallström, Vice-President of the European
Commission, has asked the EESC to draw up an exploratory
opinion on The conditions and priorities for civil society participation
and the role of public-private partnerships in the fight against orga-
nised crime and terrorism, a subject of major political and social
importance in Europe, in which the Committee is considered to
be a key player. Although terrorism and organised crime are
two different problems, the opinion deals with both topics, as
requested by the Commission.

1.2
The Hague Programme is the broad political framework
which defines EU policy on freedom, security and justice. The
EESC adopted an opinion (1) in which it stated that ‘The EESC
believes that security policy should be effective, protecting citizens in a
free and open society within a framework of justice, under the rule of
law’, and that European security policies should strike a balance
with freedom and the protection of fundamental rights.

1.3
The financial perspectives make provisions for the devel-
opment of major programmes to fight terrorism and crime. The
EESC adopted an opinion (2) in which it stressed that ‘Protection
of fundamental rights, liberties and security is the responsibility of all.’

1.4
The Commission has recently published a Communica-
tion on Terrorist recruitment — Addressing the factors contributing to
radicalisation (3), which
violent
for
preventing recruitment by terrorist groups.

down objectives

sets

1.5
As requested by Ms Wallström, this opinion looks at
security from the angle of civil society involvement and public-
private partnerships — although this term may be inaccurate, as
‘civil society’ refers to social organisations, which are different
from private companies. Partnership between businesses and
private operators and public authorities is key from an opera-
tional and security-related point of view. Civil society plays a
fundamental role in promoting the values of the rule of law and
making an active contribution to democracy.

2. Conclusions

2.1
Civil society plays a fundamental role in promoting the
values of the rule of law and making an active contribution to
democracy. Civil society organisations in Europe are carrying
out very positive work in society, promoting active European
citizenship and a participatory democracy. However, these orga-
nisations cannot and must not replace the national and Euro-
pean authorities in operational policies.

2.2
The EESC cannot accept that terrorists and criminals
should be able to escape justice due to the EU's internal borders
hindering police or judicial action. The EESC urges the EU insti-
tutions and Member States to draw up and implement a
common strategy against terrorism and to abandon the current
situation of decision-making ‘on the fly’.

(1) EESC Opinion of 15.12.2005 on the Communication from the Commis-
sion to the Council and the European Parliament: The Hague Programme: Ten
priorities for the next five years — The Partnership for European renewal in the
field of Freedom, Security and Justice (Rapporteur: Mr Pariza (OJ C 65 of
17.3.2006)).

(2) EESC Opinion of 14.12.2005 on the Proposal for a Council Decision estab-
lishing the specific Programme ‘Prevention, Preparedness and Consequence
Management of Terrorism’, for the Period 2007-2013. General Programme
‘Security and Safeguarding Liberties’ (Rapporteur: Mr Cabra de Luna (OJ C
65 of 17.3.2006)).

(3) COM(2005) 313 final, 21.09.05.

2.3
The EESC believes that the current situation of mere
intergovernmental cooperation is for the most part inadequate
and often inefficient, and therefore supports the European
Parliament's resolution that security policy should be imple-
mented by qualified majority rather than under the unanimity
rule, and that the Community method should be adopted for
‘more
decision-making. When it comes to security policy,
Europe’ is what is needed.

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The EESC proposes that Europol become a European
2.4
agency under a European political or judicial authority, with a
remit that extends beyond its current coordinating role, and
with its own operational capability for investigation across the
EU in cooperation with Member States' police forces.

2.5
The EESC supports the European Parliament's recom-
mendation that Member States modify their criminal legislation
so that the crimes of terrorism covered in the Framework Deci-
sion should not be time-barred. The EESC supports the idea that
the International Criminal Court should have jurisdiction over
these crimes.

2.6
The EESC proposes stepping up Europe-wide school
programmes and training activities for young people so that
they can receive civic training that promotes democratic values,
equality, tolerance and understanding of cultural diversity,
in
order to equip them with tools to prevent them from falling
into the clutches of networks promoting radical and violent
ideas.

2.7
In the fight against violent radicalisation, the EU and
Member States' authorities need to consult the civil society orga-
nisations working actively to promote dialogue between reli-
gions and cultures and combat intolerance, racism, xenophobia
and violent extremism,
in order to reduce the tensions that
breed radicalism and violence. Setting up platforms for public-
private partnership at local level could be a positive way to deal
with these — and other — issues. The EU and Member States
should promote and boost the establishment of these platforms.

2.8
The EESC proposes that the EU institutions draw up a
legislative framework of minimum standards that guarantee the
protection and recognition of terrorism victims. The EESC there-
fore proposes that state action in this area be guided by stan-
dards,
to
protect the victims of terrorism.

recommendations, good practices and guidelines

The EESC again stresses the need for common EU legisla-

2.9
tion for the compensation of crime victims.

2.10
The EESC calls for the recommendations of the Finan-
cial Action Task Force on money laundering and funding
terrorism to be implemented without delay. It therefore urges
the Member States to take the appropriate legal steps in order to
comply with these recommendations.

2.11
The EESC calls on the media (especially when publicly
owned) to establish suitable codes of conduct and work with
the authorities to guarantee the dignity and privacy of victims,
in order to avoid perspectives that could further the propaganda
interests of terrorist groups, while respecting the freedom of the
press.

The EESC supports the Commission's proposal to set
2.12
up a European platform for public-private partnership and
believes it essential that it secures the means to gain maximum
benefit from public-private cooperation between the Member
States and between the EU and Member States. The EESC
believes that there should be ample scope for partnership, in
order to boost the synergies that can be generated in the fight
against crime and terrorism, with due respect for the EESC's
intrinsic consultative prerogative. Point 13.4.2. of this opinion
sets out what the EESC believes to be the priority objectives for
public-private partnership.

3. The values and principles of the European Union

The draft Constitutional Treaty defines the values, princi-
3.1
ples and objectives of
the European Union. The Charter of
Fundamental Rights ensures a balance between security on the
one hand and individual
freedom and rights on the other,
including the right to protection of personal data.

3.2
The greatest threat to the stability and development of
democratic systems comes not from external attacks, but from
the loss of vitality, dynamism and social support within the
institutions themselves.

Europe's great achievement

3.3
it has successfully
established the rule of law as the best means of organising
power democratically.

is that

3.4
The social rule of law refers to the exercising of power
subject to the rule of law, the growing requirement for demo-
cratic legitimacy, and universal access to goods and services
whilst ensuring equal opportunities and treatment.

4. Terrorism and organised crime are attacks on the rule

of law

Terrorism is one of

4.1
the greatest problems facing the
world; it is a critical issue at in Europe today, and Europeans are
paying the price. This terrorism has various ideological bases; in
recent years, particularly dangerous international radical islamist
terrorism has also emerged.
It is very difficult, therefore, to
come up with an international definition of terrorism. For the
purposes of this Opinion, the definition adopted by the Council
on 13 June 2002 (4) will be used.

(4) See COM(2005) 313 final, footnote 1, which states that ‘each Member
State shall take the necessary measures to ensure that the intentional
acts referred to nine expressly specified offences, as defined under
law, which given their nature and context, may seriously
national
damage a country or an international organisation where committed
with the aim of seriously intimidating a population, unduly compelling
a Government or international organisation to perform or abstain from
performing an act, or seriously destabilising or destroying the funda-
mental political, constitutional, economic or social structures of a
country or an international organisation, shall be deemed terrorist
offences.’

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There are also many powerful criminal networks (5) oper-
4.2
ating in Europe. Some of these are active at national level, but
the most dangerous operate on a European and international
scale. In 2002, the UN adopted an International Convention (6)
on the subject in Palermo.

Organised crime aims to reduce and limit the scope of
4.7.2
the rule of law and to increase the territory of impunity and
lawlessness. It aims to develop a parallel society outside the
remit of law and justice, ruled by mafias and criminal networks.

4.3
Terrorism and organised crime threaten and weaken the
very nature of the State: its legitimate monopoly on the use of
force. Although Europeans know that terrorism is a real threat
which must be combated, they are less aware of the risks of
organised crime, which can infiltrate institutions and society
and has a strong and corruptive influence, as well as devastating
consequences in both economic and social terms.

Terrorist and criminal organisations both use similar
4.4
procedures to launder money via, inter alia, the financial and
real estate sectors. Organised crime has a strong corrupting
influence, which it tries to exert on political and administrative
authorities and, occasionally, on civil society organisations.

At the international

level, there are overlapping areas
4.5
between organised crime and terrorism: illegal arms dealing and
drug trafficking. For instance, one area where terrorism and
organised crime converge is the phenomenon of extortion.
Terrorist groups have often acted like mafia-style organisations
which finance their barbaric acts through criminal activity: traf-
ficking of narcotics, weapons and human beings, credit card
fraud, hold-ups, robberies and extortion of professionals and
businessmen, illegal gambling and other crimes.

Terrorism and organised crime

4.6
two different
problems: terrorism has political motives and strikes European
societies at certain times in their history, while organised crime
is a problem of public order that affects society on an ongoing
basis.

are

4.7
Although their roots and objectives differ, terrorism and
organised crime do have one interest in common: to destroy or
weaken the rule of law in order to achieve their goals.

4.7.3
The boundaries separating the rule of law from impu-
nity can sometimes be unclear. In some parts of Europe, both
terrorists and their social networks and organised criminals have
managed to weaken the State by sowing terror and corruption
within the political system.

4.7.4
The rule of law is the response to the problems caused
by terrorism and organised crime, ensuring a balance between
freedom and security, joint action between police and judiciary,
European and international cooperation, and active commit-
ment from citizens and civil society.

Society and the authorities must not back down or
4.7.5
give up the fight against terrorists and organised crime. Terrorist
organisations are fuelled by the possibility of achieving their
goals, and society and the authorities must therefore make deter-
mined efforts to ensure that they fail.

5. Civil society's response to terrorism and organised

crime

Terrorism is a serious violation of human rights, as it is a

5.1
direct attack on life and freedom.

5.2
The operational side of the fight against terrorism and
organised crime is the duty of the State (specifically, the police
and the judiciary) which must guarantee the freedom and safety
of its citizens. The actions of the State must retain the balance
between freedom and security, obey fundamental values (human
rights and public freedoms) and democratic values (rule of law),
because, as the EESC stated in another opinion (7),
‘History has
shown us that it is open and free societies that most effectively defend
security’.

4.7.1
Terrorist organisations operating in some European
countries aim to achieve their political ends through terror,
crime, threat and extortion. However, they know that they will
only realise their totalitarian goal once they have destroyed or
weakened the rule of law.

(5) These operate in illegal arms dealing and drug trafficking, trafficking of
illegal gambling, commercial

human beings, robbery, prostitution,
piracy, etc.

(6) United Nations Convention against Transnational Organized Crime.

See:
http://www.uncjin.org/Documents/Conventions/dcatoc/final_docu-
ments_2/convention_eng.pdf

Civil society constantly strengthens democracy and the
5.3
values of the rule of law, and thus fights terrorism and orga-
nised crime in society in order to stop it from developing and
to reduce its effects. Civil society organisations cannot and must
not replace the national and European authorities in operational
policies.

(7) EESC Opinion of 15.12.2005 on the Communication from the Commis-
sion to the Council and the European Parliament: The Hague Programme: Ten
priorities for the next five years — The Partnership for European renewal in the
field of Freedom, Security and Justice (Rapporteur: Mr Pariza (OJ C 65 of
17.3.2006)).

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No ideology or cause can justify crime, terror and extor-
5.4
tion. There is no legitimacy in using terror to achieve political
ends. Terrorism has no causes, as nothing justifies terrorism. It
is important to continue fighting tirelessly against the political
and social legitimisation of terrorism, against radicalised political
in political
views that see terrorism as another instrument
action.

6.2 Meanwhile, criminals and terrorists are taking advantage
of Europe's weakness in order to escape being brought
to
justice. The freedom of movement of people, capital and goods
means that criminals can benefit
from the permeability of
borders; yet when it comes to political and judicial action,
borders are maintained.

5.5 Many European citizens do not perceive the seriousness
of the terrorist threat, and some sectors even harbour doubts
about it. Citizens are entitled to receive adequate information
about security risks and to pressure public authorities to act
more effectively against terrorism and organised crime.

5.6
Civil society organisations in Europe are carrying out
very positive work in society, promoting active European citi-
zenship and a more participatory democracy.

5.7
Political systems depend on their own internal life force.
Europe's life force comes from the democratic nature of society.
Political systems and institutions rely on society to breathe life
into them; citizens and civil society must support the rule of
law, as it is intended to guarantee and protect their freedom and
social wellbeing.

5.8
However, 20th century European history has shown that
the political values of democracy are extremely vulnerable. Citi-
zens and civil society organisations must defend the values and
principles on which the democracy of Europe is built.

5.9
Participatory democracy and the rule of law cannot be
sustained and transformed without the support of citizens and
their organisations. Through the activities of its organisations,
civil society constantly revitalises the social and democratic rule
of law in response to relativism and radicalism.

5.10
Some sectors of the public are not committed enough:
there is a certain lack of social conscience towards prostitution,
drug trafficking, money
consumer
products, etc.

laundering, piracy of

5.11
Citizens and civil society organisations could be more
active in fighting organised crime, as it has a strong corrupting
influence over political systems.

6. Europe: an area of freedom, security and justice

6.1
The Hague programme defines the EU's objectives to
become a common area of freedom, security and justice, but
there is still a long way to go before this goal can be achieved.

The EESC cannot accept that terrorists and criminals
6.3
should be able to escape justice due to the old internal borders
being maintained for police or judicial action.

6.4
The EU should draw up a common strategy against
terrorism. The Commission and the Council should remain a
constant political driving force and overcome the current situa-
tion of decision-making ‘on the fly’. Political and judicial coop-
eration in Europe is poor because the legal and technical instru-
ments are not adequate in the fight against terrorism and orga-
nised crime. Most instruments fall within the powers of Member
States; in the Treaty, they come under the Third Pillar of the EU,
i.e. intergovernmental level.

intergovernmental

situation of mere

6.5
The European security strategy should be developed
within the Community framework, and should go beyond the
current
cooperation.
Keeping these areas within the Third Pillar of the EU reduces
their effectiveness and overall scope. The EESC calls on the
Council to create an overarching common legal framework that
is consistent with regard to security policy. Article 42 TEU
could be applied, as proposed by the European Parliament (8),
with the unanimity rule being replaced by the qualified majority
principle.

6.6
Criminal organisations regularly use the EU's external
borders for their unlawful activities. The EU Customs Code
should be used more effectively by border control services and,
above all, by the customs authorities themselves and their Inter-
national Mutual Administrative Assistance services. Indictments
and punishments must be harmonised across the Community
customs area, and the right of pursuit (the right to extend
pursuits beyond national borders, within the EU) and mutual
recognition of sentences must be made universal.
In other
opinions, the EESC has pointed out the need to set up a Euro-
pean border police force (9).

6.7
The Member States must step up the exchange of infor-
mation between intelligence and security services regarding
threats to the internal and external security of the EU; they
should pool their strategic analyses of the terrorist threat, and
draw up joint plans for protecting basic infrastructures.

(8) European Parliament resolution on progress made in 2004 in creating
an area of freedom, security and justice. P6_TA(2005)0227, 8 June
2005.

(9) See, in particular, the EESC opinion of 27.10.2004 on the Proposal for a
Council Decision amending Decision No 2002/463/EC adopting an action
programme for administrative cooperation in the fields of external borders,
visas, asylum and immigration (ARGO programme) (Rapporteur: Mr Pariza
(OJ C 120 of 20.5.2006)).

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The principle of availability of information is a key factor
6.8
for improving police efficiency. This principle marks a new
approach to improving the cross-border exchange of law enfor-
cement information in the EU, based on enabling a law enforce-
ment officer of one Member State to obtain from another
Member State all the information he needs to carry out his
investigation (10). To ensure interoperability, a high level of trust
between the law enforcement authorities of
the respective
Member States will be needed. The lack of trust has been one of
the biggest obstacles to European cooperation thus far, and its
causes should be investigated and explained to civil society.

countries do not ensure sufficient support for judicial coopera-
tion.

6.12
The EESC proposes that Eurojust serve as a means to
effectively develop joint investigation work between the judi-
ciary and tax authorities in the EU, in the fight against organised
crime and terrorism. Information from national investigations
should be sent to Eurojust, which should set up an effective
European database.

6.9
The EU's role must be strengthened, and the European
security strategy must be developed within the Community
framework, with the aim of
increasing its effectiveness and
transparency. When it comes to security policy, ‘more Europe’ is
what is needed. The EESC has proposed (11) that the Community
method be adopted in relation to security, granting the right of
initiative to the Commission and co-decision powers to the
Parliament. The Council should also abandon the unanimity
rule and adopt decisions by majority, and the Court of Justice
should have its own competences.

6.13
Judicial cooperation in criminal matters is essential; the
relationship between judicial authorities is currently based on a
lack of
trust. There is no ‘European judicial culture’ or
minimum common regulations on criminal matters. Citizens
must ensure that the EU institutions and Member States heed
their call for maximum judicial cooperation between all States.
Citizens demand that no terrorist or criminal should be able to
escape justice due to problems caused by misunderstandings or
non-existent cooperation procedures.

to

able

capability,

operational

6.10
Europol's role should go beyond cooperation, giving it
operational capability. The EESC proposes that it become an
investigate
agency with
throughout the EU. The Hague Programme calls for stronger
practical cooperation and coordination at a national
level
between law enforcement,
judicial and customs authorities as
well as between these authorities and Europol. Member States
need to promote Europol as a European agency and enable it to
play a decisive role, together with Eurojust, in the fight against
organised crime and terrorism. It is unacceptable that the Proto-
cols amending the Europol Convention have still not been rati-
fied or implemented by all Member States (12). This is especially
urgent if Europol is to receive the support and resources needed
to function effectively as a cornerstone of European law enforce-
ment cooperation. From 1 January 2006, Europol will replace
its annual European Union crime situation reports with ‘threat
assessments’ on serious forms of crime.

6.14
The EESC supports the European Parliament's recom-
mendation that Member States modify their criminal legislation
so that the crimes of terrorism covered in the Framework Deci-
sion should not be time-barred. The EESC (13) strongly supports
the idea that the International Criminal Court should have juris-
diction over crimes of terrorism.

6.15
The current situation is incomprehensible and unaccep-
table as far as citizens are concerned. It does not make sense for
initiatives to be blocked because Member States put national
prerogatives before the priorities of the common fight against
terrorism and organised crime. European citizens do not under-
stand the plethora of instruments and tools in the fight against
terrorism and organised crime in the EU. There are numerous
non-coordinated entities working towards the same goal, such
as the Council's Counter-Terrorism Coordinator, the Commis-
sioner for Justice, Freedom and Security, Europol, Eurojust, etc.

6.11
Eurojust's aim is to coordinate national judicial authori-
ties in the fight against organised crime and terrorism; however,
despite the progress made since it was set up, it is still far from
achieving its goals. Eurojust has few legal or financial resources,
and commitments by Member States vary, as laws in some

(10) On 12 October 2005,

the European Commission submitted a
Proposal for a Council Framework Decision on the exchange of infor-
mation under the principle of availability, COM(2005) 490 final,
12.10.2005.

(11) EESC Opinion of 14.12.2005 on the Proposal for a Council Decision
establishing the specific Programme ‘Prevention, Preparedness and Conse-
quence Management of Terrorism’, for the Period 2007-2013. General
Programme ‘Security and Safeguarding Liberties’ (Rapporteur: Mr Cabra de
Luna (OJ C 65 of 17.3.2006)).

(12) Ireland and the Netherlands are the only States not to have ratified it.

6.16
Scattering resources is not the best way to achieve effi-
ciency. Eurojust and Europol should overcome their current
cooperation problems and reinforce their joint
investigation
teams. The intelligence services should improve procedures for
transmitting information within Europol. The European Anti-
Fraud Office (OLAF) should work with Europol and Eurojust in
investigating crime. The different agencies and services must
exchange data and investigations, so that their action against
criminals can be more effective.

(13) EESC Opinion of 15.12.2005 on the Communication from the Commis-
sion to the Council and the European Parliament: The Hague Programme: Ten
priorities for the next five years — The Partnership for European renewal in
the field of Freedom, Security and Justice (Rapporteur: Mr Pariza (OJ C 65
of 17.3.2006)).

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As terrorism is a global threat, counter-terrorism also
6.17
features in the EU's foreign and security policy, and effective
multilateralism and international cooperation are key issues
therein. The EESC believes that the EU's efforts to fight terrorism
and organised crime must complement the efforts of regional
organisations sharing the values and interests of the EU. It is
therefore important to seek synergies and ways of boosting
cooperation with organisations such as the UN, the OSCE and
the Council of Europe, in areas where these bodies add value to
the objectives defined in the EU's policies against terrorism and
organised crime.

networks of radical, violent thought. It is important to step up
Europe-wide school programmes and training activities for
they can receive civic training that
young people so that
promotes democratic values, equality,
tolerance and under-
standing of cultural diversity.

7.4.2
The European Employment Strategy and the Lisbon
objectives should reinforce policies promoting the professional
integration of the most vulnerable individuals and minorities.

In order to reduce some of the risks of radicalisation,
6.18
Europe should aim for a foreign policy that promotes the values
of democracy, peace, dialogue between different cultures, the
fight against poverty and corruption, the extension of human
rights throughout
the world, and international cooperation
within the UN system.

Civil society and the public authorities have an impor-
7.4.3
tant educational role to play in order to ensure that all people,
whatever their place of origin, have access to adequate informa-
tion and training on the values of pluralism,
freedom of
conscience and religion, gender equality, tolerance and the secu-
larity of the State, which form the basis for the democratic rule
of law in Europe.

7. The role of civil society in the prevention of violent

radicalisation

Civil society organisations embody the democratic rights
7.1
of citizens to come together and play an active part,
for
example in society, in politics or in cultural life. Civil society
organisations can,
in their work, be important players in
preventing terrorism, by promoting social cohesion and acting
against the factors that contribute to violent radicalisation. They
must obtain the necessary means to promote awareness of Euro-
pean values.

Terrorists do not fall

7.2
into a predefined age group or
social class, and some sectors of society can therefore become
vulnerable. Poverty, failure at school, the lack of job opportu-
nities, discrimination, the lack of civic values,
identity crises,
social exclusion, etc. create a breeding ground for frustration,
where sects, religious fundamentalists, terrorist groups and crim-
inal organisations spread their nets in the search for recruits.

In general terms, the EESC agrees with the view stated by
7.3
the Commission in its Communication entitled Terrorist recruit-
ment — Addressing the factors contributing to violent radicalisa-
tion (14). This is the field in which civil society organisations are
acting.

7.4.4
gration a priority goal of
policy (15).

The EESC has drawn up several proposals to make inte-
the Community immigration

7.4.5
contribution to integration, by adopting balanced perspectives.

Opinion formers and the media can make a positive

7.4.6
European societies today are culturally mixed, but
national, ethnic or religious minorities suffer from a great many
problems of racism, xenophobia and discrimination.

7.4.7
Social organisations are working actively in Europe to
promote dialogue between religions and cultures and combat
intolerance, racism, xenophobia and violent extremism.

7.4.8
The authorities should consult these organisations and
establish cooperation systems in order to reduce the tensions
that breed radicalism and violence. Businesses, trade unions and
all civil society organisations play a key role in training, integra-
tion and combating discrimination.

in favour of

The EESC is

the development of
7.5
programmes
to research and analyse the social processes
involved in violent radicalisation, terrorism and organised crime,
and proposes that the Commission make funds available to help
think tanks, universities and research centres.

7.4 The EESC wishes to highlight the key points.

7.4.1
Programmes should particularly target young people of
school age, in order to prevent them from getting caught up in

(14) COM(2005) 313 final.

(15) See the EESC opinions of 21.3.2002 on Immigration, integration and the
role of civil society organisations in OJ C 125 of 27.5.2002 (Rapporteur:
Mr Pariza Castaños), of 10.12.2003 on the Communication from the
Commission to the Council, the European Parliament, the European Economic
and Social Committee and the Committee of the Regions on immigration,
integration and employment, in OJ C 80 of 30.3.2004 (Rapporteur: Mr
Pariza Castaños), and of 13.9.2006 on Immigration and integration:
cooperation between regional and local governments and civil society organisa-
tions (Rapporteur: Mr Pariza Castaños).

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8. Consideration for the victims

Victims of terrorism suffer violence which targets the
8.1
whole of society and the values it represents. Victims are the
reality of terrorism; they are the voice of society and its front
line in the war on terrorism. They are key players for promoting
society's necessary commitment against terrorism, and forging a
civic response. Focusing on victims is the best way of discre-
diting and isolating terrorists, both politically and morally.

8.2
The best way to recognise and commemorate the victims
is to defend democracy and the rule of law, so that Europe can
be a free and open society.

8.3
Victims represent, in one way or another, what terrorists
legitimate and
and organised criminals are unable to accept:
democratic power subject to the rule of law. Civil society must
transmit this social and political lesson so that the victims can
be granted the necessary social and political recognition, and
democracy and the rule of law can be revitalised.

Victim protection is an effective means of prevention.
8.4
The victims of terrorism deserve full respect, support and help
from citizens and institutions. The injustice of their experience
and the consequences of the attack must be offset with decisive
action by civil society and authorities in Member States and the
EU, in order to meet their needs and ensure that their suffering
be as limited as possible.

8.5
the
The EESC proposes the following measures for
protection and recognition of the victims of terrorism and their
families.

to dignity, respect

A legislative framework of minimum standards should
8.5.1
for
be drawn up to guarantee the right
private and family life, the right to financial compensation, the
right to medical, psychological and social assistance, the right to
effective access to justice and judicial protection, and the right
to professional and social reintegration, vocational and academic
training to ensure equal capabilities with regard to employment
opportunities.

8.5.2
State action in this area should be guided by standards,
recommendations, good practices and guidelines to protect the
victims of terrorism. The Commission should make funds avail-
able to help associations of terrorism victims set up European
networks.

It is also important not to neglect other, lesser-known
8.6
victims who receive less media coverage. These are the victims
of criminal organisations that violate human rights to the same
extent as terrorist organisations: victims of extortion, robbery,
drugs; victims of human trafficking, prostitution and trade in
women; victims of illegal labour exploitation.

All crime victims deserve special attention from the
8.7
authorities and from civil
issued
opinions (16) in which it called for common EU legislation for
the compensation of crime victims. Insurance companies and
mutual societies should make new commitments and ensure
that their policies provide for better coverage for victims.

society. The EESC has

9. Financing of terrorism and organised crime

The EESC has issued various opinions (17) containing
9.1
proposals for improving public-private partnerships in order to
combat the financing of terrorism and criminal organisations.
However, it is the financial bodies that must make the greatest
commitments.

The EESC recently issued two opinions (18) on the obliga-
9.2
tions of financial bodies to ensure greater transparency in finan-
cial transactions, in order to make unlawful activity more diffi-
cult. The EESC urges Member States to take appropriate legal
steps to ensure that private bodies and non-profit organisations
that might form part of the network through which terrorist
funds are channelled adhere to the recommendations of the
Financial Action Task Force on money laundering (FATF) (19)
and on funding terrorism and money laundering. However, this
must not result in general suspicion of all those citizens in civil
society organisations.

(16) EESC Opinion of 20.3.2002 on the Green Paper on Compensation to
crime victims. (Rapporteur: Mr Melicias (OJ C 125 of 27.5.2002)).
EESC Opinion of 26.02.2003 on the Proposal for a Council Directive on
compensation to crime victims. (Rapporteur: Mr Koryfídis (OJ C 95 of
23.4.2003)).

(17) For example, see EESC opinion of 11.5.2005 on the Proposal for a
Directive of the European Parliament and of the Council on the prevention of
the use of the financial system for the purpose of money laundering, including
terrorist financing (Rapporteur: Mr Simpson (OJ C 267 of 27.10.2005)).
(18) EESC Opinion of 21.4.2006 on the Proposal for a Regulation of the
the Council on information on the payer
European Parliament and of
accompanying transfers of funds (Rapporteur: Mr Burani (OJ C 185 of
8.8.2006)).
EESC opinion of 11.5.2005 on the Proposal for a Directive of the Euro-
pean Parliament and of the Council on the prevention of the use of the finan-
cial system for the purpose of money laundering, including terrorist financing
(Rapporteur: Mr Simpson (OJ C 267 of 27.10.2005)).

(19) Group set up by the G-8 nations.

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The real estate sector is increasingly used to hide many
9.3
funds deriving from terrorism and organised crime networks. In
some cases, local authorities are corrupted by these groups. Real
estate firms, large construction firms and other operators in the
sector must cooperate with the national authorities to prevent
the sector being used to hide ill-gotten funds, and to prevent the
laundering of money obtained by terrorists and criminal organi-
sations.

9.4
The international art, philately and antiques market is
being used more and more as a means of concealing money
obtained from criminal activities. Companies working with
these goods should collaborate more actively with the authori-
ties in order to make the market more transparent.

The EU needs common legal and administrative instru-
9.5
ments so that it can work with Member States in combating
these illegal activities. The EU Council must ensure that each
legislation, within the
Member State has adequate criminal
context of minimum EU regulations,
in order to take action
against the financing of terrorism and organised crime.

The EU Action Plan on Combating Terrorism (20)
9.6
includes measures for coordinating the fiscal and financial intel-
ligence services, and these should be increased. It is up to all
Member States to act efficiently and achieve sufficient coordina-
tion within the Council.

10. Internet and mobile telephony

10.1
Internet and mobile phone operators must cooperate
with the authorities and comply with laws requiring storage of
internet traffic data (but not the content of messages).

The Internet is becoming more and more necessary for
10.4
European societies, companies and individuals, key service
providers and public authorities, and the police and judiciary
services. Europe is now facing a new risk: cyber-terrorism,
which could bring society to a standstill.

10.5
Internet operators will need to improve their security
systems and work with police and judicial authorities in order
to crack down on these new crimes.

11. The media

11.1
It is the right and duty of the media to provide truthful
information, and to avoid perspectives that are of interest to
terrorist organisations. The media should also avoid images and
information that violate the privacy and dignity of victims.
in particular, should be protected from these
Young people,
risks.
the
example.

In this context, publicly-owned media should set

11.2
The media could establish suitable codes of conduct
and work with the authorities to guarantee the dignity and
privacy of victims, and to avoid perspectives that could further
the propaganda interests of terrorist groups.

11.3
The Commission is holding a European conference in
which the main media players will take part. The EESC believes
that this would be a good opportunity to exchange best prac-
tices, set up self-regulation systems, help form European public
opinion and promote a constructive image of the EU.

terrorist groups and criminal networks

There should also be cooperation when it comes to
10.2
are
obtaining personal data when mobile phone
purchased:
shelter
behind the anonymity of email services or prepaid mobile
phone cards so that they can communicate with one another
undetected, or even detonate explosive devices remotely. The
EESC has issued opinions (21) on this topic. The Parliament has
also adopted a report (22) with which the EESC agrees.

cards

10.3
European society is extremely vulnerable to cybercrime,
and the Internet is increasingly being used by criminal organisa-
tions for their unlawful activities.

12. Critical infrastructures

12.1
Terrorists also try and achieve their criminal goals by
attacking strategic infrastructures and key public services. Their
targets include transport modes and networks, energy networks
and operators, water supplies, telephone and communications
operators, areas where people tend to congregate, etc.

(20) See Plan adopted by the Council on 13.2.2006.
(21) See EESC opinion of 19.1.2006 on the Proposal for a Directive of the
European Parliament and of the Council on the retention of data processed in
connection with the provision of public electronic communication services and
amending Directive 2002/58/EC (Rapporteur: Mr Hernández Bataller
(OJ C 69 of 21.3.2006)).

(22) See EP report A6(2005) 365 of 28.11.2005.

12.2
New terrorist threats are hanging over European socie-
ties: most experts agree that there is a real and current risk of
radiological, nuclear, chemical, biological or bacteriological
attack. The sectors working with these products should therefore
improve their security systems and cooperate effectively with
the law enforcement authorities.

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The EESC congratulates the Commission on its excellent
12.3
Security Research programme (SRC 06), and hopes that it will
continue to finance joint public-private research projects in
order to improve security in the EU.

nised crime and terrorism, etc. It aims to harness the advantages
and synergies that such partnerships can generate. The end-goal
of the initiative is to reduce the effects of organised crime and
terrorism in Europe, making it an ever safer place for public
action, citizens and economic activity.

However,

12.4
this programme should be extended to
Europe's partners at its eastern and southern borders (Mediter-
ranean) in the context of the European Neighbourhood Policy.

13.3 Conditions for civil society participation

12.5
The private sector should be prepared to make its assets
available to the authorities in times of crisis, in order to help
manage the potentially catastrophic consequences of terrorist
attacks. It would therefore be necessary to identify the areas in
which organised civil society could add further value in a crisis
situation, and to draw up agreements and conventions in order
to roll out an efficient joint crisis management network.

Prevention and reaction capabilities depend on informa-
12.6
tion and effective management of knowledge and the ability to
anticipate future situations. An active role should be taken by all
in responding to the challenges of
terrorism and organised
crime, and information must therefore be properly circulated
among the parties involved.

13.3.1
Civil society hopes that EU and Member State institu-
tions will take note of the concerns voiced by their citizens,
who are calling for efficiency in the fight against terrorism and
organised crime. Citizens do not want to hear national, political
or legal excuses for side-stepping the problems arising from the
fight against crime and terrorism; they want solutions, and this
forum should provide them with answers to their concerns.

13.3.2
The EESC believes that the Commission's proposal to
create a public-private platform is a step forward, but does not
go far enough.

13.3.3
ating this platform.

The EESC should be involved in setting up and evalu-

The relevant managers of businesses and civil society
12.7
organisations (particularly in strategic areas) should receive avail-
able information on the aspects of
terrorism and organised
crime affecting their areas of expertise or responsibility, so that
they can prepare themselves and anticipate threats.

Under the Treaty, organised civil society in the EU is
13.3.4
and Social
represented through the European Economic
Committee. Naturally, other players representing specific inter-
ests will need to participate, but as general interests are repre-
sented by the EESC, it should be represented on this platform
by three of its members (one from each Group).

13. The European platform for public and private partner-

ship

The EESC urges Member States to promote the crea-
13.3.5
tion of public-private platforms at local and municipal
level,
with the same participatory and collaborative goals as the plat-
form to be set up at EU level.

13.1
The Commission is currently drawing up a communica-
tion on public-private partnerships against organised crime and
terrorism, which includes an action plan on public-private part-
nerships. The key aspect of this cooperation, as set out by the
Commission, is the so-called platform for public-private partner-
ship against organised crime and terrorism. The content, proce-
dures and operating rules of this platform, which is to be set up
at the end of the year, should be defined. It will meet periodi-
cally in order to discuss subjects of common interest, identify
areas for political and legislative action, design prevention strate-
gies, exchange good practices and information, etc.

13.4 Public-private partnerships in the fight against terrorism and

organised crime

13.4.1
The EESC believes that there should be ample scope
for partnership between the public and private sectors, in order
to boost and strengthen the synergies that can be generated in
the fight against crime and terrorism.

13.4.2

Key aims of this partnership:

13.2
The platform will comprise representatives from the
Member States and, on a voluntary basis, representative organi-
sations such as European employers' bodies, trade unions, non-
governmental organisations involved in the fight against orga-

a) the first of civil society's objectives is not only to prevent the
unlawful acts of
to
prevent vulnerable people and groups from getting caught
up in terrorist or criminal networks;

terrorism and organised crime, but

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b) identify the areas most vulnerable to criminal gang activity,
and promote self-protection and links with the forces
working to quash organised crime and terrorism;

c) boost

information and exchange experiences

to reduce

opportunities for crime;

d) convey to EU and national institutions the concerns of the
various sectors of civil society, so that the institutions can
focus on the areas of crime and terrorism prevention and
control that are of most interest to citizens;

e) convey to EU and national institutions the main needs of
businesses and organisations in the EU in terms of protection
from organised crime; discuss with these institutions the best
ways to ensure protection from criminal attacks and to fight
crime;

f) define areas for exchange of experience in specific sectors
and in particular sensitive fields where organised crime is
rife; Priority sectors include finance, transport, communica-
tions and energy;

g) boost European platforms for prevention;

h) act as a discussion forum in order to analyse the level of
coverage and attention to the needs and requirements of
victims of terrorism and organised crime;

i) define Community strategies and policies on terrorism and
organised crime from the viewpoint of organised civil
society;

Brussels, 13 September 2006.

j) step up the links between leading experts in both sectors in
order to make the most of knowledge and experience in
protection and the fight against organised crime and
terrorism;

k) take part in setting up and assessing the platform.

13.5 Partnership systems

13.5.1
A partnership system between the public and private
sectors, based on an instrument similar to that proposed by the
Commission, could be an ideal way to start linking the two
sectors. If there is a high level of representation within the plat-
form, then the public-private partnership will have a greater
impact and the resulting measures to fight terrorism and orga-
nised crime will be more effective.

13.5.2
The partnership system must allow for the creation of
sector-based or specific working groups, designed to suit the
subject in question and specifically linked with the structure set
up for public-private partnership.

The partnership platform could invite organisations,
13.5.3
businesses, experts, EU and national authorities to its meetings,
along with all those that could share information or experience
or add value to the fight against terrorism and organised crime.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND