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DRAFT REPORT (2023/2068(INI))

On the proposal for a Council decision on extending the list of EU crimes to hate speech and hate crime

LIBE-PR-750074

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Maite Pagazaurtundúa

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This draft report by Parliament's Civil Liberties committee 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 that almost two years have passed with no Council progress, calls on member states to resume negotiations and adopt a decision before the end of the parliamentary term, and asks Council presidencies to prioritise the proposal. It deplores the unanimity requirement in Article 83 TFEU and calls for the passerelle clause to be activated. It asks the Commission for future legislation protecting human dignity irrespective of motivation, an open-ended list of grounds, action on illegal online hate speech, special protection for minors, and better data collection and monitoring.

Committee position. The rapporteur calls on the Council to adopt the decision extending the list of EU crimes to hate speech and hate crime, and recommends to the Commission an open-ended list of grounds, measures on online hate speech, protection of minors, and better data collection.

Key points

  1. Urges the Council to adopt a decision including hate speech and hate crime in the list under Article 83(1) TFEU so the Commission can start the second stage.
  2. Recalls that member states' criminal laws differ and that minimum rules exist only for hate crimes based on race, skin colour, religion or national or ethnic origin.
  3. Strongly regrets that almost two years have passed since the Commission communication with no progress.
  4. Calls on member states to resume negotiations in the Council and adopt a decision before the end of the current parliamentary term.
  5. Urges member states to agree with the draft decision or at least not oppose its adoption.
  6. Calls on current and future Council presidencies to treat the Commission's proposal as a priority.
  7. Deplores the unanimity requirement in Article 83 TFEU and calls for the passerelle clause to be activated.
  8. Says future EU legislation must protect human dignity and combat hatred irrespective of motivation, with universal protection and a focus on targeted persons, groups and communities.
  9. Recalls that freedom of expression should not shield hate speech or hate crime, but should not be unjustifiably restricted.
  10. Asks the Commission to consider an open-ended list of grounds of discrimination to combat hate motivated by new and changing social dynamics.
  11. Calls on the Commission to take additional measures against illegal hate speech in online content, and to give particular consideration to minors.
  12. Calls on the Commission and member states to set up adequate data collection systems on anonymous hate incidents and monitoring mechanisms to assess policies.

Who is affected

  • The Council: urged to adopt the decision and resume negotiations.
  • Member states: called on to work constructively, agree with the draft decision or not oppose it.
  • The Commission: asked for future legislation, online measures, minor protection and data collection.
  • Current and future Council presidencies: asked to prioritise the proposal.
  • Minors: identified as particularly vulnerable victims needing special protection.

Figures and deadlines

  • Almost two years have passed since the publication of the Commission communication.

Legal basis: Articles 19 and 83(1) of the Treaty on the Functioning of the European Union.