The Commission proposes to extend the list of ‘EU crimes’ to hate speech and hate crime

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


Today, the European Commission is presenting an initiative to extend the list of ‘EU crimes’ to hate speech and hate crime, as announced by President von der Leyen in her 2020 State of the Union speech.

Hate speech and hate crime have seen a sharp rise across Europe and have become a particularly serious and worrying phenomenon – offline and online. Common EU action is needed to tackle this EU-wide challenge. However, currently there is no legal basis to criminalise hate speech and hate crime at EU level. The existing list of EU crimes in the Treaty on the Functioning of the European Union (TFEU) needs to be extended to ensure minimum common rules on how to define criminal offences and sanctions applicable in all EU Member States. Today’s initiative is the first step in the process of extending the list of EU crimes. The next step would be for Member States to approve the initiative, before the Commission can present a legislative proposal. 

Vice-President for Values and Transparency, Věra Jourová, said: “Hate has no place in Europe. It goes against our fundamental values and principles. We need EU action to make sure that hate is criminalised the same way everywhere in Europe.”

Commissioner for Justice, Didier Reynders, said: “We need a strong response to the challenges posed by hate speech and hate crime across the EU: now and in the future. Today’s initiative is an important step towards a more effective European response to such threats against pluralism and inclusiveness. We won’t allow such phenomenon to weaken our democracies.”

Key elements of the Communication:

Today’s initiative sets out evidence for extending the list of EU crimes to hate speech and hate crime in the light of the criteria laid down in Article 83(1) TFEU:

  • The cross-border dimension of hate speech and hate crime: Online hate speech spreads fast and is accessible to everybody anywhere. The ideologies behind hate speech and hate crime can be developed internationally and can be rapidly shared online. Hate crimes can be committed by networks with members from several countries.
  • Hate speech and hate crime as an area of crime: The Commission considers that hate speech and hate crime are an area of crime as they share an intrinsic special feature, i.e. ‘hatred’ targeting persons or groups of persons sharing (or perceived as sharing) the same protected characteristics.
  • Hate speech and hate crime as an area of particularly serious crime: Hate speech and hate crime are particularly serious crimes as they undermine the EU common values and fundamental rights, as enshrined in Articles 2 and 6 Treaty on European Union, as well as in the Charter. They have harmful impacts on the individuals, their communities and on society at large.
  • Developments in crime: There has been a steady increase in the two phenomena due to various economic, social and technological changes and developments. The COVID-19 pandemic has been one of the factors contributing to this increase.
  • No alternatives to extending the list of EU crimes: Hate speech and hate crime are criminalised to a varying degree in the EU Member States. Only the extension of the list of EU crimes to hate speech and hate crime can enable an effective and comprehensive criminal law approach to these phenomena at EU level, along with a consistent protection of the victims of such acts.

Next steps

The Council needs to unanimously adopt, after obtaining the consent of the European Parliament, a decision identifying hate speech and hate crime as another area of crime that meets the criteria set out in Article 83(1) of the TFEU.

Following that, the Commission may propose the adoption of legislation establishing minimum rules on the definitions and sanctions of hate speech and hate crime to be adopted by the European Parliament and the Council in line with the ordinary legislative procedure.

Background

The external study published today confirms the scale and worrying trend of hate speech and hate crimes. The increase in the level of hatred manifested against for example of Roma, Jews, Muslims and persons of Asian origin, or those perceived to be of such origin, including racist attacks and beatings, violent bullying, threats and racist abuse has increased during the pandemic. Sources found that 52% of young women and girls have experienced online violence, including threats and sexual harassment, while persons with disabilities are more at risk of being victims of violent crimes, including hate crimes, than other persons, and to face harassment.

Hate crime and hate speech are going against the fundamental European values set out in Article 2 of Treaty on EU. Pursuant to Article 83(1) of the Treaty on the Functioning of the EU (‘TFEU’), the European Parliament and the Council may establish minimum rules on the definition of criminal offences and sanctions in areas of particularly serious crime with a cross-border dimension. Such areas are, for example, terrorism, trafficking in human beings and sexual exploitation of women and children. Based on developments in crime, the Council may adopt a decision identifying other areas, like these, enabling the Commission– in a second step – to propose a robust framework to address hate speech and hate crime at the EU level.

At EU level, there is already in place a framework for a strong common response to racist and xenophobic hate speech and hate crime through the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law. The Framework Decision aims to ensure that serious manifestations of racism and xenophobia are punishable by effective, proportionate and dissuasive criminal sanctions across the EU. It requires Member States to criminalise hate speech, i.e. the public incitement to violence or hatred, on grounds of race, colour, religion, descent or national or ethnic origin. It also requires Member States to ensure, for offences other than hate speech, that such racist and xenophobic motivation is considered as an aggravating circumstance, or alternatively that such motivation may be taken into account in the determination of the penalties.

The Commission supports Member States’ efforts to effectively implement the Framework Decision through the work of the High Level Group on combating Racism and Xenophobia and other forms of intolerance.

Today’s initiative is part of a broader set of EU actions to counter illegal hate speech and violent extremist ideologies and terrorism online, such as the EU Code of Conduct on countering illegal hate speech online, the proposed Digital Services Act, the Regulation on addressing terrorist content online and the EU Internet Forum.

This initiative will support the EU Anti-racism Action Plan 2020-2025 and the Strategy on combating antisemitism and fostering Jewish life in the EU, as well as the Gender Equality Strategy 2020-2025.


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

United Nations President Mahmoud Abbas of the State of Palestine addresses the General Debate of the UN General Assembly’s 81st session.

Palestinian existence under threat, Abbas tells UN, warning of ‘another Nakba’

This article is published in association with United Nations. Israeli policies now threaten “the very life and existence of the Palestinian people on their homeland”, Palestinian President Mahmoud Abbas told the UN General Assembly on Thursday, urging the world not to allow “another Nakba”.  Mr. Abbas addressed the Assembly’s annual debate via pre-recorded video after his […]
© UNICEF/Oleksii Filippov A rescue worker stands outside a residential building in Kyiv’s Solomianskyi district that was severely damaged during a massive overnight attack on the city.

World News in Brief: ‘New intensity’ to Russian attacks on Ukraine, Yemen, Gaza and Colombia updates

This article is published in association with United Nations. Russian armed forces have carried out repeated attacks across Ukraine over the past several days, killing and injuring civilians and damaging homes, hospitals, shops and workplaces, UN human rights monitors said on Thursday. The attacks have involved ballistic and cruise missiles, drones and guided aerial bombs. Between […]
UN Photo/Loey Felipe President Volodymyr Zelenskyy of Ukraine addresses the General Debate of the UN General Assembly’s 81st session.

Zelenskyy urges stronger pressure on Russia, warns war’s impact is spreading beyond Ukraine

This article is published in association with United Nations. Ukrainian President Volodymyr Zelenskyy on Wednesday called for intensified pressure on Russia to end its war against Ukraine, arguing that Moscow continues to incur massive losses while prolonging a conflict whose consequences are increasingly being felt far beyond the battlefield. Addressing the UN General Assembly’s annual debate, […]
UN Photo/Loey Felipe President Donald Trump of the United States addresses the General Debate of the UN General Assembly’s 81st session.

Trump defends military action against Iran, Venezuela, and calls for rebrand of AI

This article is published in association with United Nations. US President Donald Trump used his address to the UN General Assembly on Tuesday to defend recent military action against Iran, urging countries to maintain economic pressure on Tehran – and declaring that he now faces a choice between making a deal, or taking far more drastic […]
© UNICEF/Oleksii Filippov An injured girl climbs the partially collapsed stairwell of a building in Boryspil, Ukraine, following a missile strike.

‘Nowhere is safe’: UN experts detail Ukraine war’s toll and Russia’s reach beyond its borders

This article is published in association with United Nations. UN Human Rights Council-appointed experts on Monday laid out a grim picture of the human cost of Russia’s invasion of Ukraine, with a spotlight on civilians facing a third wartime winter as well as the intimidation of Russians who have fled abroad. The Independent International Commission of Inquiry […]
© UNICEF/Robic Upadhayay Aid workers transport supplies past a flood-damaged house in Nepal.

Nepal floods: ‘Apocalyptic’ destruction signals wider climate threat across Himalayas

This article is published in association with United Nations. The catastrophic flooding that swept away entire villages in northern Nepal could occur again in the country or elsewhere in the Himalayas due to climate change. The warning comes from Sara Netzer, regional director with UN field operations office UNOPS, which provides infrastructure, procurement and project management […]
This article is published in association with United Nations.

World News in Brief: Winter aid for Gaza, West Bank; Haiti food production; migrant deaths at sea; human rights funding

The UN Children’s Fund (UNICEF) is seeking to raise $97.5 million to protect 540,000 children and their families in Gaza and the West Bank from harsh winter conditions in the coming months. Nearly 84 per cent of Gaza’s population – more than 1.76 million people – live in overcrowded displacement sites or damaged shelters, leaving […]
© UNRWA Search-and-rescue operations continue following the collapse of a war-damaged building in Gaza city.

Gaza: At least 20 killed in deadly building collapse, search for survivors continues

This article is published in association with United Nations. Search and rescue operations continued in Gaza City on Wednesday following the collapse of a bombed-out building that killed at least 20 people, according to reports. The incident has highlighted the precarious situation of displaced Palestinians across the Gaza Strip who shelter wherever they can, including in […]
UN News/Nargiz Shekinskaya The UN HQ (Secretariat) building in Manhattan.

The world comes to New York: What’s at stake at UN General Assembly high-level week

This article is published in association with United Nations. Each September, New York becomes the centre of global diplomacy as presidents, prime ministers, ministers and diplomats from around the world gather at United Nations Headquarters. At a time of mounting geopolitical tensions and overlapping global crises, leaders will tackle a packed agenda that includes conflicts and […]

Six UN staff killed in Gaza school strike; Lebanon violations mount

This article is published in association with United Nations. Israeli strikes killed six UN workers and civilians at a school sheltering displaced families in Gaza as needs grow, according to the UN agency for Palestine refugees, UNRWA. At least 220 agency staff have been killed in Gaza since the Hamas-Israel war began in October 2023. UNRWA Acting […]
This article is published in association with United Nations.

‘Where do we go?’: How Israel’s ‘yellow line’ is closing in on Palestinians

This article is published in association with United Nations. Ola Ishtiwi sits with her children in front of the remains of her home in the Al-Tuffah neighbourhood in eastern Gaza City, a few metres away from a series of painted cement blocks Israel has placed to mark what has become known as the “yellow line”. Initially set up following the announcement of the Israel-Hamas ceasefire […]
© UNDP/Oleksandr Ratushniak A substation in Ukraine damaged during ongoing strikes in the war with Russia.

Ukraine: Drone attacks on Chornobyl are ‘gambling with the safety of millions of people’

This article is published in association with United Nations. A drone strike on the protective structure at the Chornobyl Nuclear Power Plant could have endangered the safety of millions of people, UN Development Programme (UNDP) Administrator Alexander De Croo told reporters via video link from Kyiv on Thursday. He is visiting Ukraine, with his mission focused […]
© UNHCR/Dar Al Mussawir Smoke rises above residential neighborhoods in Tyre, southern Lebanon, following an Israeli airstrike. (file)

UN chief demands Israeli withdrawal from Lebanon amid Nabatieh escalation

This article is published in association with United Nations. The Secretary-General has condemned mounting civilian casualties in southern Lebanon and called on Israel to withdraw its forces from Lebanese territory, as fighting intensifies in and around Nabatieh. Key points In a statement issued by his Spokesperson, Stéphane Dujarric, the Secretary-General said he was “deeply concerned” by […]
© UNHCR/Dar Al Mussawir Smoke rises above residential neighborhoods in Tyre, southern Lebanon, following an Israeli airstrike. (file)

UN chief demands Israeli withdrawal from Lebanon amid Nabatieh escalation

This article is published in association with United Nations. The Secretary-General has condemned mounting civilian casualties in southern Lebanon and called on Israel to withdraw its forces from Lebanese territory, as fighting intensifies in and around Nabatieh. Key points In a statement issued by his Spokesperson, Stéphane Dujarric, the Secretary-General said he was “deeply concerned” by […]
© UNOCHA/Viktoriia Andriievska The aftermath of a drone strike in Kyiv, Ukraine (file). UN High Commissioner for Human Rights Volker Türk (file) said on Monday that he was "horrified" by the thought of fully autonomous weapons being used in battle.

AI: Türk urges action before it becomes an ‘existential risk to humanity’

This article is published in association with United Nations. UN human rights chief Volker Türk added his voice on Monday to growing calls for greater AI controls, warning that the revolutionary technology could become an “existential risk to humanity” if left unchecked. Without binding rules, independent oversight and clear limits, the technology could become impossible to […]
This article is published in association with United Nations.

As wildfires spread north, UN agencies race to help Europe adapt

This article is published in association with United Nations. As the climate warms, the threat of wildfires is spreading in Europe. How can historically cooler and wetter countries prepare? Human activity causes most of the wildfires breaking out across Europe, but their spread, speed and intensity are strongly affected by the warmer, drier conditions associated with […]
© UNICEF-SoP/Crickx People walk down a dusty road in the West Bank carrying belongings.

West Bank: UN rights report warns of forcible displacement from three refugee camps

This article is published in association with United Nations. Israeli security forces forcibly displaced the entire population of three Palestine refugee camps in the occupied West Bank in January and February last year – and continue to prevent their return, in violation of international law, according to a new report by the UN human rights office, OHCHR. […]
©UNIFIL/Tilak Pokharel UNIFIL personnel distribute food kits to displaced families in Saida, Lebanon.

Lebanon–Israel tensions escalate as Gaza sees major aid delivery

This article is published in association with United Nations. Peacekeepers in Lebanon have reported a marked deterioration in the security situation along the Blue Line of separation, with Israeli forces intensifying their military footprint in violation of a landmark Security Council resolution, UN Spokesperson Stéphane Dujarric said on Thursday. Meanwhile, in Gaza, humanitarian teams collected hundreds […]
This article is brought to you in association with the European Commission.

World News in Brief: US-Iran war intensifies, aid for Myanmar, casualties in Ukraine

This article is published in association with United Nations. Fighting between the United States and Iran has sharply escalated after a month-long lull, with the two sides exchanging strikes as fears grow over further civilian casualties. The US military struck rocket launchers on an island in the Strait of Hormuz over the weekend, days after US […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com