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Counter-terrorism & criminal law : a normative legitimacy test of terrorism-related offences on expression, information and movement

Stéphanie De Coensel (UGent)
(2020)
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(UGent)
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Abstract
In an effort to prevent a terrorist attack, legislators increasingly resort to criminal law measures at an early stage of the iter criminis. This dissertation subjects terrorism-related offences on expression, information and movement in four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom) to a legitimacy test, based upon the principles of subsidiarity, proportionality and legality. Whilst subsidiarity primarily focusses on the grounds of criminalization (and more in particular on the harm principle), proportionality and legality are reflected in a human rights assessment. Throughout the dissertation, the criminal law provisions are connected to a funnel model of radicalization. The main research findings demonstrate that the mens rea requirements often do not suffice in order to compensate the lowered threshold of criminal behaviour (i.e. actus reus).
Keywords
Criminal law, Terrorism, Counter-terrorism, Legitimacy

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Citation

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MLA
De Coensel, Stéphanie. Counter-Terrorism & Criminal Law : A Normative Legitimacy Test of Terrorism-Related Offences on Expression, Information and Movement. Ghent University. Faculty of Law and Criminology, 2020.
APA
De Coensel, S. (2020). Counter-terrorism & criminal law : a normative legitimacy test of terrorism-related offences on expression, information and movement. Ghent University. Faculty of Law and Criminology, Ghent, Belgium.
Chicago author-date
De Coensel, Stéphanie. 2020. “Counter-Terrorism & Criminal Law : A Normative Legitimacy Test of Terrorism-Related Offences on Expression, Information and Movement.” Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
Chicago author-date (all authors)
De Coensel, Stéphanie. 2020. “Counter-Terrorism & Criminal Law : A Normative Legitimacy Test of Terrorism-Related Offences on Expression, Information and Movement.” Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
Vancouver
1.
De Coensel S. Counter-terrorism & criminal law : a normative legitimacy test of terrorism-related offences on expression, information and movement. [Ghent, Belgium]: Ghent University. Faculty of Law and Criminology; 2020.
IEEE
[1]
S. De Coensel, “Counter-terrorism & criminal law : a normative legitimacy test of terrorism-related offences on expression, information and movement,” Ghent University. Faculty of Law and Criminology, Ghent, Belgium, 2020.
@phdthesis{8663154,
  abstract     = {{In an effort to prevent a terrorist attack, legislators increasingly resort to criminal law measures at an early stage of the iter criminis. This dissertation subjects terrorism-related offences on expression, information and movement in four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom) to a legitimacy test, based upon the principles of subsidiarity, proportionality and legality. Whilst subsidiarity primarily focusses on the grounds of criminalization (and more in particular on the harm principle), proportionality and legality are reflected in a human rights assessment. Throughout the dissertation, the criminal law provisions are connected to a funnel model of radicalization. The main research findings demonstrate that the mens rea requirements often do not suffice in order to compensate the lowered threshold of criminal behaviour (i.e. actus reus).}},
  author       = {{De Coensel, Stéphanie}},
  keywords     = {{Criminal law,Terrorism,Counter-terrorism,Legitimacy}},
  language     = {{eng}},
  pages        = {{390}},
  publisher    = {{Ghent University. Faculty of Law and Criminology}},
  school       = {{Ghent University}},
  title        = {{Counter-terrorism & criminal law : a normative legitimacy test of terrorism-related offences on expression, information and movement}},
  year         = {{2020}},
}