Council Framework Decision 2008913JHA on combating certain forms

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law NATIONAL LEGAL WORKSHOP ON CRIMINAL LAW – Bulgaria 30. 06. 2011 Framework Decision on combating racism and xenophobia European Commission European. Justice Commission Justice Rafael K. Polo Guardo. DG JUST. D 1 30 June 2011|

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law 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 Law Framework 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. European Commission Justice 30 June 2011|

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law 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. European Commission Justice 30 June 2011|

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law 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. European Commission Justice 30 June 2011|

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law Main offences q Publicly inciting to violence or hatred q By public dissemination or distribution of tracts, pictures or other material q Publicly condoning, denying or grossly trivialising: • genocide, crimes against humanity and war crimes • Nazi crimes q Instigating, aiding and abetting + Hate crimes: racist and xenophobic motivation of other offences. European Commission Justice 30 June 2011|

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law Scope q Intentional conducts q Against a group of persons or member of group q Race, colour, religion, descent or national or ethnic origin q Investigation or prosecution: not dependent on report or accusation by victim. European Commission Justice 30 June 2011|

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law European Commission Justice 30 June 2011|

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law 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 European Commission Justice 30 June 2011|

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law 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! European Commission Justice 30 June 2011|