The absence of literature on reward measures in the European context is counterbalanced by an immense literature on the repressive-preventive key, which bets on the necessity and efficacy of its role mostly of neutralisation, rather than prevention. The book contains the results of the research project “Fighter” (Fight Against International Terrorism. Discovering European Models of Rewarding Measures to Prevent Terrorism), financed by the European Commission (Justice Programme 2014-2020), which has involved eight European Universities: Università degli studi di Modena e Reggio Emilia (P.I.), Università degli studi di Ferrara, Sveucˇilisˇte u Zagrebu - Pravni Fakultet, Université Saint-Louis Bruxelles, Université du Luxembourg, Universidad Autónoma de Madrid, Ludwig-Maximilians Universität München, Université de Lille 2. The investigation aims at assessing whether a “rewarding” approach – favored by Art. 16 Dir. (EU) 2017/541 – can be pursued as a harmonized and useful tool of prevention of terrorism. The question, on the other hand, is whether a European model of restorative and collaborative measures already exists or can be born, or if instead there are more than one model and it is necessary to let them coexist without impossible unifying pushes. More than distinct “models”, however, the research shows that there are differences of “legal systems”, substantive and procedural, which impose any general “model” to be differentiated according to those distinct normative and legal realities, or at least force to “flexible” applications because of the different disciplines and specific preventive purposes that are necessary. At the end of the research a European model of rewarding measures to prevent terrorism has been drafted, which can be partly already implemented despite the current formulation of art. 16 of the mentioned Directive.
Preventing international terrorism. European models of rewarding measures for judicial cooperators
Bin, Ludovico;
2021-01-01
Abstract
The absence of literature on reward measures in the European context is counterbalanced by an immense literature on the repressive-preventive key, which bets on the necessity and efficacy of its role mostly of neutralisation, rather than prevention. The book contains the results of the research project “Fighter” (Fight Against International Terrorism. Discovering European Models of Rewarding Measures to Prevent Terrorism), financed by the European Commission (Justice Programme 2014-2020), which has involved eight European Universities: Università degli studi di Modena e Reggio Emilia (P.I.), Università degli studi di Ferrara, Sveucˇilisˇte u Zagrebu - Pravni Fakultet, Université Saint-Louis Bruxelles, Université du Luxembourg, Universidad Autónoma de Madrid, Ludwig-Maximilians Universität München, Université de Lille 2. The investigation aims at assessing whether a “rewarding” approach – favored by Art. 16 Dir. (EU) 2017/541 – can be pursued as a harmonized and useful tool of prevention of terrorism. The question, on the other hand, is whether a European model of restorative and collaborative measures already exists or can be born, or if instead there are more than one model and it is necessary to let them coexist without impossible unifying pushes. More than distinct “models”, however, the research shows that there are differences of “legal systems”, substantive and procedural, which impose any general “model” to be differentiated according to those distinct normative and legal realities, or at least force to “flexible” applications because of the different disciplines and specific preventive purposes that are necessary. At the end of the research a European model of rewarding measures to prevent terrorism has been drafted, which can be partly already implemented despite the current formulation of art. 16 of the mentioned Directive.File | Dimensione | Formato | |
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M. Donini, L. Bin, F. Diamanti (a cura di), Preventing international terrorism. European models of rewarding measures for judicial cooperators - Napoli, 2021.pdf
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