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Adopted text

Extending the list of EU crimes to hate speech and hate crime

TA-9-2024-0044 · P9_TA(2024)0044 · PE750.074

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✦ In short · AI summary of this text, generated 28 Sept 2026

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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 negotiations and adopt the decision before the end of the current parliamentary term. It recommends amending Article 83 TFEU to use reinforced qualified majority instead of unanimity, and asks the Commission to consider an open-ended list of discrimination grounds. It sets out that future EU legislation must protect human dignity, ensure equality, respect freedom of expression and proportionality, and focus on vulnerable groups. It calls for action on online hate speech, protection of minors, victim support, and better data collection on hate incidents.

Key points

  1. Urges the Council to adopt a decision including hate speech and hate crime in the list of EU crimes under Article 83(1) TFEU.
  2. Recalls that member states' criminal laws differ and EU minimum rules only cover race, colour, religion, descent and national or ethnic origin.
  3. Regrets that almost two years have passed since the Commission communication with no Council progress, despite a rise in hate speech and hate crimes.
  4. 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.
  5. Calls on current and future Council Presidencies to prioritise the Commission's proposal.
  6. Recommends amending Article 83 TFEU to require reinforced qualified majority instead of unanimity, activating the passerelle clause.
  7. Says future EU legislation must protect human dignity, prevent harm, ensure equality and combat hatred irrespective of motivation, with universal protection and focus on vulnerable groups.
  8. Recalls that freedom of expression must not be unjustifiably restricted, that legislation must be necessary and proportionate, and that expression must not shield hate speech.
  9. Asks the Commission to consider an open-ended list of discrimination grounds to address new social dynamics.
  10. Stresses that social media business models spread hate speech and calls for correct implementation of Regulation (EU) 2022/2065 and all means to counter online hate.
  11. Recalls public authorities' responsibility to prevent, investigate, prosecute and report hate speech and hate crimes, and calls for cooperation with civil society and equality bodies.
  12. Calls for special protection of minors from hate speech and hate crimes, including bullying and cyberbullying, and for victim support, training, data collection and monitoring.

Who is affected

  • Member states, which must resume negotiations and support the Council decision.
  • The Council, which is urged to adopt the decision and prioritise the proposal.
  • The Commission, which is asked to consider an open-ended list of grounds and ensure victim protection.
  • Vulnerable groups and communities, who would receive stronger legal protection.
  • Minors, who would receive special protection from hate speech and hate crimes.

Figures and deadlines

  • Almost two years have passed since the publication of the Commission communication.
  • The Commission communication is dated 9 December 2021.
  • Council Framework Decision 2008/913/JHA of 28 November 2008.
  • Regulation (EU) 2022/2065.

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