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Framework Decision on combating racism and xenophobia

NATIONAL LEGAL WORKSHOP ON CRIMINAL LAW – Bulgaria 30.06.2011. Framework Decision on combating racism and xenophobia. European Commission Justice. Rafael K. Polo Guardo. DG JUST. D 1. Fighting against racism and xenophobia at EU level. Which levels ? General Frame Work.

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Framework Decision on combating racism and xenophobia

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  1. NATIONAL LEGAL WORKSHOP ON CRIMINAL LAW – Bulgaria 30.06.2011 Framework Decision on combating racism and xenophobia European CommissionJustice Rafael K. Polo Guardo. DG JUST. D 1

  2. Fighting against racism and xenophobia at EU level • Which levels ? • General Frame Work. • Commission and its tasks in the fight against R & X. • Legislative Action: Antidiscrimination Law and Criminal LawFramework Decision adopted in 2008 (Criminal Law and Hate speech, towards a common approach en MS) • Why to fight against R & X? • Principles of the European Union. • Lisbon Treaty, Treaty of EU and Charter of Fundamental Rights. • Stockholm Programme.

  3. General Frame Work of the Fight against Racism and xenophobia at EU level • What to consider first ? • Treaty of the European Union –(Maastricht) • Treaty on the Functioning of the EU-(Treaty of Lisbon) • Charter of Fundamental Rights of the EU. • How to operate? • Legislative Approach ( Antidiscrimination Law and Criminal Law) • The Commission is invited to use all its powers • Combination of Policy, Legislative and Activities of Training, information dissemination and Rising Awareness.

  4. Fighting specifically against racist and xenophobic speech and crime at the EU level • How? • Framework Decision adopted in 2008 • Criminal law • Hate speech and hate crimes • Why? • Common approach in EU to common phenomenon • Same behaviour = offence in all MS • Penalties equally effective, proportionate and dissuasive In Sport.

  5. Main offences • Publicly inciting to violence or hatred • By public dissemination or distribution of tracts, pictures or other material • Publicly condoning, denying or grossly trivialising: • genocide, crimes against humanity and war crimes • Nazi crimes • Instigating, aiding and abetting + Hate crimes: racist and xenophobic motivation of other offences.

  6. Scope • Intentional conducts • Against a group of persons or member of group • Race, colour, religion, descent or national or ethnic origin • Investigation or prosecution: not dependent on report or accusation by victim.

  7. Penalties Effective, proportionate and dissuasive Natural persons • criminal penalties (maximum: at least 1 year of prison) Legal persons • criminal or non-criminal fines • exclusion from public benefits or aid • disqualification to practice commercial activities • judicial supervision • judicial winding-up order

  8. A common effort Commission • Expert Group • Implementation by MS • Awareness-raising • Evaluation report National authorities • Awareness-raising • Enforcement of national implementing legislation THANK YOU - BOUGOUDARIA!

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