On extending the list of EU crimes to hate speech and hate crime
A-9-2023-0377
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Maite Pagazaurtundúa
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Parliament's resolution urges the Council to add hate speech and hate crime to the list of EU crimes under Article 83(1) TFEU, so the Commission can propose common minimum rules.¶¶¶ It regrets the Council's two-year inaction and calls on member states to resume talks and adopt the decision before the end of the parliamentary term.¶¶¶ It recommends amending Article 83 TFEU to use reinforced qualified majority instead of unanimity, and activating the passerelle clause.¶ It asks for future EU legislation to cover grounds beyond race, colour, religion and national or ethnic origin, including sex, sexual orientation, gender identity, age and disability, and to protect freedom of expression.¶¶¶ It calls for better victim protection, data collection, action against online hate speech and special protection for minors.¶¶¶
Committee position. The committee proposes that Parliament urge the Council to add hate speech and hate crime to the EU crimes list, recommend a reinforced qualified majority for Article 83 TFEU, and call for future EU legislation with universal protection, victim support and better data.¶¶¶
Key points
- Urges the Council to adopt a decision including hate speech and hate crime in the list of EU crimes under Article 83(1) TFEU.¶
- Recalls that member states' criminal laws differ and that EU minimum rules exist only for crimes based on race, skin colour, religion, descent or national or ethnic origin.¶
- Regrets that almost two years have passed since the Commission communication with no Council progress.¶
- Calls on member states to resume negotiations and adopt the Council decision before the end of the current parliamentary term, and not to oppose it.¶¶
- Calls on current and future Council Presidencies to treat the Commission proposal as a priority.¶
- Recommends amending Article 83 TFEU to require reinforced qualified majority instead of unanimity, and activating the passerelle clause.¶
- Says future EU legislation must protect human dignity, prevent harm, ensure equality and combat hatred irrespective of motivation, with universal protection focused on vulnerable groups.¶¶
- Recalls that freedom of expression must not be unjustifiably restricted, that legislation must be necessary and proportionate, and that it cannot be used as a shield for hate speech.¶
- Asks the Commission to consider an open-ended list of discrimination grounds to cover new and changing social dynamics.¶
- Calls on the Commission and member states to enforce Regulation (EU) 2022/2065 and counter online hate speech spread by social media business models.¶
- Calls for public authorities to prevent, investigate, prosecute and report hate speech and hate crimes, cooperating with civil society, equality bodies and national human rights institutions.¶
- Calls for special protection for minors, robust victim protection with an intersectional approach, and adequate data collection and monitoring systems.¶¶¶
Who is affected
- The Council: urged to adopt the decision adding hate speech and hate crime to the EU crimes list.¶¶¶
- Member states: asked to resume negotiations, support the decision and improve data collection and victim protection.¶
- The Commission: asked to propose common rules, consider an open-ended list of grounds and enforce online rules.¶¶¶
- Vulnerable groups and victims of hate speech and hate crime: to receive universal protection, support services and reparations.¶
- Minors: to receive particular consideration and special protection from hate speech and hate crimes.¶
Legal basis: Articles 19 and 83(1) of the Treaty on the Functioning of the European Union.¶