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Framework Decision on combating racism and xenophobia

SEMINAR ON THE FIGHT AGAINST RACISM, XENOPHOBIA AND ANTISEMITISM, 26.10.2011. Framework Decision on combating racism and xenophobia. European Commission Justice. Fighting against racist and xenophobic speech and crime at EU level. How? Framework Decision adopted in 2008 Criminal law

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Framework Decision on combating racism and xenophobia

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  1. SEMINAR ON THE FIGHT AGAINST RACISM, XENOPHOBIA AND ANTISEMITISM, 26.10.2011 Framework Decision on combating racism and xenophobia European CommissionJustice

  2. Fighting against racist and xenophobic speech and crime at 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 Where? • All sectors, online

  3. Background • Council Joint Action 96/443/JHA of 15 July 1996 • Commission proposal of 28 November 2001 • Negotiations in Council • Adoption on 28 November 2008 • Implementation by 28 November 2010 • Group of governmental experts Where? • All sectors, online

  4. 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

  5. Main offences • Publicly inciting to violence or hatred • By public dissemination or distribution of tracts, pictures or other material punishment may be limited to conduct ‘carried out in manner likely to disturb public order or which is threatening, abusive or insulting’

  6. Main offences • Publicly condoning, denying or grossly trivialising: • genocide, crimes against humanity and war crimes (ICC) • Nazi crimes (London Charter) “when the conduct is carried out in a manner likely to incite to violence or hatred against such a group or member” punishment may be limited to conduct ‘carried out in manner likely to disturb public order or which is threatening, abusive or insulting’

  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. Hate crimes Racist and xenophobic motivation of other offences: • aggravating circumstance • taken into consideration by courts in the determination of the penalties

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

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