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Posts in Rule of Law
European Union Terrorism Situation and Trend Report: 2024

By Europol

  The European Union Terrorism Situation and Trend Report (EU TE-SAT) 2024 is a situational overview, presenting figures, major developments and trends in the terrorism landscape in the EU in 2023. The report is based on qualitative and quantitative data provided by the Member States on terrorist attacks, arrests and convictions and penalties for terrorist offences. Additionally, Europol’s cooperation partners provided valuable qualitative information and assessments, to facilitate reflection on developments beyond the EU that affect the security of the Union and its citizens. Information on convictions and acquittals for terrorist offences, as well as on amendments to national legislation on terrorism provided by Eurojust and based on data shared by Member States, complements the report. According to EU Directive (EU) 2017/541 on combating terrorism , which Member States had an obligation to transpose into their national legislation by 8 September 2018, terrorist offences are criminal acts carried out with the aim of seriously intimidating a population, unduly compelling a government or international organisation to perform or abstain from performing any act, or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation. The EU TE-SAT identifies and elaborates on various forms of terrorism motivated by specific ideologies . These include jihadist terrorism, right-wing terrorism, left-wing and anarchist terrorism, ethno-nationalist and separatist terrorism, and other forms of terrorism. Notwithstanding the existence of different legislative frameworks at the national level, Directive (EU) 2017/541 establishes minimum EU rules concerning the definitions of offences and related sanctions in counter-terrorism and provides a harmonised definition of terrorist offences. On this basis, the EU TE-SAT provides statistical data on terrorist attacks, arrests and convictions in Member States. At a national level, the legislation pertaining to terrorism varies within the limits set by the aforementioned Directive, as Member States are afforded a certain degree of flexibility in their legislative processes. Consequently, the quantitative analysis presented in the EU TE-SAT reflects Member States’ definitions of terrorist offences according to their national legislation. It should be noted that these definitions may be broader in scope than the definitions set out in Directive (EU) 2017/541, although they cannot have a narrower scope. While the primary scope of the EU TE-SAT is to present the situational picture on terrorism, the report also presents specific violent extremist incidents, acts, activities and developments, reported by the Member States. While the quantitative overview of terrorist attacks, arrests, convictions and penalties does not include instances of violent extremism, the latter is included in the report for contextualisation purposes and to provide a more comprehensive picture of the security threats to the Union.   

Publications Office of the European Union, Luxembourg. 2024. 72p.

New EU Regulation on Preventing Money Laundering and Terrorist Financing

By Piotr Bąkowski  

In 2021, the European Commission presented a package of legislative proposals in the area of anti-money-laundering efforts and countering the financing of terrorism (AML/CFT). One of them, a proposal on the prevention of the use of the financial system for money laundering or terrorist financing, became Regulation (EU) 2024/1624, adopted on 31 May 2024. Its detailed, directly applicable provisions will replace the minimum rules of the existing EU AML directives. Most provisions will apply from 10 July 2029. The package was adopted in response to repeated calls by the European Parliament and the Council of the EU to enhance the EU's AML/CFT regulatory framework. The aim is for the framework to become more coherent, keeping in step with technological innovations and related new forms of crime, as well as remaining in line with international standards in the area. In Parliament, the Committees on Economic and Monetary Affairs and on Civil Liberties, Justice, and Home Affairs were jointly responsible for the file. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Brussels: EPRS | European Parliamentary Research Service, 2024, 10p.  

The Effect of Permissive Gun Laws on Crime

By John J. Donohue

Substantial evidence has documented a powerful “instrumentality” effect: the more lethal the weaponry employed, the greater the likelihood that death will result from any given assault. This finding provides the foundation for the subsequent findings that a variety of measures that restrict the prevalence or limit the permissible types of lethal weaponry can lower the costs of gun violence. The literature has advanced to the point that there is a sufficient empirical basis to call for the elimination of right-to-carry laws, to reestablish bans on assault weapons and high-capacity magazines, to maintain restrictions on youthful access to guns, and to repeal stand-your-ground laws. The Supreme Court’s recent decision expanding the scope of the Second Amendment in New York State Rifle and Pistol Association v. Bruen shows a concerning disinterest in the importance of these empirical findings.

The ANNALS of the American Academy of Political and Social ScienceVolume 704, Issue 1, November 2022, Pages 92-117

Gun Violence and Gun Policy in the United States: Understanding American Exceptionalism

By Kerri M. Raissian, Jennifer Necci dineen, and Cassandra Crifasi

America has both the highest gun death rate (12 per 100,000 persons) and the highest gun circulation rate (about 121 firearms in circulation for every 100 persons) of any developed country. Taken together, these statistics might lead one to assume that high gun death rates in America are all but a certain outcome. However, gun death rates vary substantially across America suggesting that a range of solutions to reduce gun death and injury exist. This transdisciplinary volume contains a novel collection of articles that overview the evolution of American gun policy, presents evidence on the efficacy of both policy and non-policy interventions, and provides insight on where we go from here given American culture, norms, and legal structures.

The ANNALS of the American Academy of Political and Social ScienceVolume 704, Issue 1, November 2022, Pages 7-17

Officer-Involved Shootings and Concealed Carry Weapons Permitting Laws: Analysis of Gun Violence Archive Data, 2014–2020

By Mitchell L Doucette, Julie A Ward, Alex D McCourt, Daniel Webster, Cassandra K Crifasi

About 1,000 civilians are killed every year by a law enforcement officer in the USA, more than 90% by firearms. Most civilians who are shot are armed with firearms. Higher rates of officer involved shootings (OIS) are positively associated with state-level firearm ownership. Laws relaxing restrictions on civilians carrying concealed firearms (CCW) have been associated with increased violent crime. This study examines associations between CCW laws and OIS. We accessed counts of fatal and nonfatal OIS from the Gun Violence Archive (GVA) from 2014–2020 and calculated rates using population estimates. We conducted legal research to identify passage years of CCW laws. We used augmented synthetic control models with fixed effects to estimate the effect of Permitless CCW law adoption on OIS over fourteen biannual semesters. We calculated an inverse variance weighted average of the overall effect. On average, Permitless CCW adopting states saw a 12.9% increase in the OIS victimization rate or an additional 4 OIS victimizations per year, compared to what would have happened had law  adoption not occurred. Lax laws regulating civilian carrying of concealed firearms were associated with higher incidence of OIS. The increase in concealed gun carrying frequency associated with these laws may influence the perceived threat of danger faced by law enforcement. This could contribute to higher rates of OIS. 

J Urban Health (2022) 99:373 384

Firearm Restraining Orders in Illinois

By Alysson Gatens

Illinois’ firearm restraining orders, known in other states as “red flag laws” or “extreme risk protection orders,” are civil orders that temporarily remove firearms from individuals who are a potential danger to themselves or others. These laws aim to prevent firearm injury through a removal of means from persons experiencing a temporary crisis. Data suggest firearm restraining orders have been infrequently employed in Illinois since the law’s enactment in 2019. Nationally, initial research suggests that these types of laws are associated with reductions in firearm suicide. However, national findings have not conclusively shown a significant reduction in firearm assaults attributable to these laws. As the majority of these laws have been passed relatively recently, more research is needed as data become available on their usage and outcomes.

Chicago: Illinois Criminal Justice Information Authority, 2022. 14p.

Between Tradition and The Law: Artisanal Firearm Production in West Africa 

By Julien Joly and Aline Shaban

The sources of illicit small arms in West Africa are multiple and evolving, and not limited to the diversion of international transfers. In terms of local sources, the unlicensed artisanal production of firearms has been a recurrent challenge for member states of the Economic Community of West African States (ECOWAS). To support governments in addressing this challenge, the Survey conducted a general assessment of artisanal arms production in the ECOWAS region and the main regulatory approaches adopted by states to address their proliferation. This paper aims to stimulate discussion and the exchange of information on good practices among stakeholders to counter the proliferation and illicit use of small arms in West Africa. Key findings - Craft firearm production has deep cultural and economic roots in West Africa and serves different societal needs— and different uses—than industrial firearm production. Demand for craft-produced weapons is dependent on local dynamics. Craft firearms are no longer exclusively rudimentary items. In some instances, their sophistication is comparable to industrially made weapons equipped with automatic and semi-automatic mechanisms. The current regulatory framework for firearm production in West Africa, mandated by the ECOWAS Convention on Small Arms and Light Weapons, Their Ammunition and Other Related Materials, does not distinguish between industrial and craft production, contributing to poor enforcement by the authorities, as well as low awareness and regulation avoidance among craft producers. In addition, the legal provisions often fail to take into account the firing mechanism, which is essential for determining a firearm’s lethality and type of use. Despite the unclear regulatory environment, artisanal producers in West Africa have shown a willingness to professionalize and regularize their work. If national authorities can refine legislative frameworks to reflect actual craft production practices and products, this willingness could serve as a basis for improved cooperation, record-keeping, and marking practices that closely resemble factory-made firearms. Today, craft weapons in the region range from rudimentary hunting weapons to sophisticated copies of self-loading rifles (Assanvo, 2017; Nowak and Gsell, 2018, p. 3). In light of this, craft firearms can offer criminals, insurgent groups, and private citizens a viable alternative to industrial weapons (Hays and Jenzen-Jones, 2018, p. 36). Due to the clandestine—and lucrative—nature of their production, however, regulating the sector presents considerable challenges. Although the ECOWAS Convention provides a basis for the control of local firearm production in West Africa, it does not determine whether the manufacture of craft firearms should be considered separately or together with the manufacture of indus trial weapons. In practice, most national legislation suggests that legal provisions relating to licensing, marking, and record-keeping apply to all manufacturers indiscriminately. Nevertheless, due to technical and financial limitations, craft producers often fail to comply with these provisions, and may be pushed further into the covert side of the arms trade. With a view to informing artisanal firearms control policy, this Briefing Paper provides an overview of craft production dynamics in West Africa and explores the different approaches taken by ECOWAS member states to regulate their production

Geneva, SWIT: Small Arms Survey, 2023. 16p.

Michoacán and Rio de Janeiro: Criminal Governance, Social Control and Obtaining Profit and Political Power by Armed Self-Defense Groups and Militias

By Antonio Fuentes Díaz

The article compares two important experiences of the emergence and consolidation of armed non-state actors in Rio de Janeiro, Brazil, and Michoacán, Mexico, noting the rise of the groups, their functioning, relationship with the state and involvement in new forms of governance in territorial control, population regulation and profit-making. These phenomena are part of a broader transformation related to political mutations that decentralize the state and generate specific subjective forms that modify the relationships between the individual, the social, the state, and the market

2022, Dilemas, Revista de Estudos de Conflito Controle Social, June 2022, Dilemas 1(4):179-204