257 Andreea Marica Measures and regulatory changes within the European Union... The deficiencies observed in the current counter-terrorism legal framework90 mean that travel to third countries by European citizens with a terrorist purpose, as well as the training that they receive with a terrorist purpose, do not fall under the classification of a crime. With respect to the financing of terrorism, the current legal framework is restricted merely to that which is provided to a terrorist group, without including funding provided to recruit or to train or the financing of trips abroad with a terrorism purpose. Given the limitations that have been mentioned already, Member States face a series of difficulties when they prosecute foreign fighters due to the obstacles that exist with regard to proving the existence of a terrorist group. Similarly they encounter the specific situation of foreign fighters who travel to Syria or Iraq by their own means in order to participate in terrorist activities without becoming a member of a terrorist group91. As a consequence, it has been the Member States themselves who have insisted on the need to revise the legal framework in the light of the requirements implemented by Resolution 2178(2014) of the UN Security Council92 which establishes a series of measures to tackle the phenomenon of foreign fighter terrorists. In this respect, the Resolution lays down that all States must ensure that their national legislation establishes as serious criminal offences and as sufficient to prosecute and punish: 1. The attempt to travel to or travel to a third country for the purpose of contributing to the perpetration of terrorist acts or the providing or receiving of terrorist training to participate in terrorist acts; 2. The financing of such travel and 3. The organisation or facilitation of such travel.93 Consequently, a common understanding of crimes relating to foreign terrorist fighters, including training for terrorist purposes, is viewed as an element that would increase the effectiveness of the criminal justice and cooperation instruments at international and European Union level.94 Therefore, by means of the European Council’s Additional Protocol on the Prevention of Terrorism signed by the EU, new acts of a terrorist nature are classified as crimes: 1. The participation in an association or group for the purpose of terrorism; 2. Receiving training for terrorism; 3. Travelling for terrorist purposes; 4. Financing travel for terrorist purposes; 5. Organising and facilitating in some way travel abroad for terrorist purposes95. 90 Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism. 91 Foreign Fighters: Eurojust’s Views on the Phenomenon and the Criminal Justice Response, p. 5. 92 Follow-up to the statement of the Members of the European Council of 12 February 2015 on counter-terrorism: Report on implementation of measures. Doc. 9422/1/15 REV 1. 93 UN Security Council (UNSC) resolution 2178 (2014) of 24 September 2014 on threats to international peace and security caused by terrorist acts. 94 Council Decision (EU) 2015/1914 of 18 September 2015 on the signing, on behalf of the European Union, of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No 196). 95 Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196). http://revista.ieee.es/index.php/ieee
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