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Two loopholes in EU anti-terror laws and regulations: PMW presentation to MEPs

Itamar Marcus and Maurice Hirsch, Adv.  |

In a Webinar held today for members of the European Parliament, Palestinian Media Watch director Itamar Marcus presented a report he co-authored with PMW director of legal strategies Maurice Hirsch entitled “Two loopholes in European Union anti-terror funding laws.”

The new report highlights two loopholes that have enabled the Palestinian Authority to be a recipient of European Union (EU) funding, even though the PA breaches the EU’s anti-terror laws and regulations consistently.    

European Union anti-terror laws and regulations provide a comprehensive basis for outlawing membership in terror organizations, terror glorification, terror financing and other terror related offences. In order to effectively combat global terror, these laws and regulations should guide the EU in its decision making to allocate aid. States and non-state entities that are engaged in practices that breach EU law and regulations should not be eligible to receive EU aid. Since the daily actions of the PA breach the EU anti-terror laws and regulations, the EU should discontinue its support of the PA.

In the report (click to read the full report) PMW demonstrates how the PA breaches multiple provisions of EU anti-terror Directive 2017/541, including offences relating to membership in and directing a terrorist group; offences relating to terror glorification; offences relating to recruitment for terrorism and offences relating to terrorist financing.

The report shows how the PA refuses to recognize EU designated terror organizations and continues to allow these organizations to exist, flourish and even receive PA funding. Pursuant to this reality, the PA and the Palestine Liberation Organization were also vocal critics of a new EU regulation which required all Non-Governmental Organizations that are recipients of EU funding to commit that they do not transfer funds, directly or indirectly, to EU designated terror organizations.  

Having identified the PA activities and practices that, if they were conducted in Europe, would have breached the EU anti-terror laws and regulations, PMW recommended that any future EU aid allocation should only be given to states and non-state entities that are not in direct breach of the EU’s anti-terror laws and regulations.