Framework decision on combating racism and xenophobia
| The purpose of this framework decision is to ensure that, in the European Union, racism and xenophobia are punishable by effective, proportionate and dissuasive criminal penalties which can give rise to extradition or surrender; to improve and encourage judicial cooperation. |
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PROPOSAL
Proposal for a Council framework decision on combating racism and xenophobia
SUMMARY
As a follow-up to Joint Action 98/443/JHA, this proposal provides for the approximation of the laws and regulations of the Member States regarding offences involving racism and xenophobia. Racist and xenophobic behaviour must constitute an offence in all Member States and be punishable by effective, proportionate and dissuasive penalties.
This framework decision will apply to all offences committed:
- within the territory of the European Union,
- by an national of a Member State or for the benefit of a legal person established in a Member State. To that end, the framework decision proposes criteria on how to determine the liability of a legal person.
Racism and xenophobia will mean belief in race colour, descent, religion or belief, national or ethnic origin as a factor determining aversion to individuals.
Certain forms of conduct outlined below committed for a racist or xenophobic purpose will be punishable as criminal offences:
- public incitement to violence or hatred;
- public insults or threats;
- public condoning of genocide or crimes against humanity as defined in the Statute of the International Criminal Court;
- public dissemination or distribution of tracts, pictures or other material containing expressions of racism and xenophobia;
- directing of a racist or xenophobic group (by "group" is meant a structured organisation consisting of at least two persons established for a specific period).
Instigating, aiding, abetting or attempting to commit the above offences will also be punishable.
With regard to the above racists offences, Member States must ensure that they are punishable by:
- effective, proportionate and dissuasive penalties;
- terms of deprivation of liberty with a maximum penalty that is not less than two years for public incitement to violence or racist hatred or the directing of a racist or xenophobic group; in the other cases, by custodial sentences which can give rise to extradition;
- alternative sanctions such as community service or participation in training courses;
- fines;
- seizure of any material used as an instrument to commit the crime;
- penalties for legal persons (temporary or permanent disqualification from the practice of commercial activities, a judicial winding-up order, exclusion from entitlement to public aid).
In all cases, racist or xenophobic motivation will be considered as an aggravating circumstance in determining the penalty to be applied to the offence.
Where a Member State does not extradite its nationals, it must take measures to submit the case to its competent authorities for the purpose of prosecution if appropriate.
In order to exchange information, Member States will designate operational contact points and inform the General Secretariat of the Council and the Commission thereof.
Joint Action 96/443/JHA will be repealed.
REFERENCES AND PROCEDURE
| Proposal | Official Journal | Procedure |
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| COM(2001) 664 final | OJ C 75 E of 26 March 2002 | CNS/2001/02/70 |
Last updated: 18.7.2007