BETA


2007/2067(INI) Combating racism and xenophobia: progress in the negotiations on the framework decision

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE ROURE Martine (icon: PSE PSE)
Lead committee dossier:
Legal Basis:
RoP 134-p3

Events

2007/07/18
   EC - Commission response to text adopted in plenary
Documents
2007/06/21
   EP - Results of vote in Parliament
2007/06/21
   EP - Decision by Parliament, 1st reading/single reading
Details

In adopting the initiative report by Mrs Martine ROURE (PES, FR) on the progress of the negotiations concerning the framework decision on combating racism and xenophobia, the European Parliament did not follow the position agreed on by the committee responsible and approved a series of compromise amendments tabled by the PES, EPP-ED, ADLE, Greens/ALE, GUE/NGL .

To recall, this framework decision concerns combating certain forms and expressions of racism and xenophobia by means of criminal law has been blocked by the Council since 2005. The German Presidency announced in January 2007 that this issue would take priority. MEPs drafted a first initiative report covering recommendations to be included into the framework decision by the Council.

However, before this report arrived at Plenary, the Justice and Home Affairs Council on the 19 April 2007 reached an informal political agreement and amended the initial text on which the Parliament was consulted on in 2002 (refer to CNS/2001/0270 ).

The House decided to amend its approach and proposed an amended version of the initiative report by associating the main European Parliament political groups. Following the publication of the final text, the Parliament shall draft a second consultation report on the draft framework decision.

In view of the proposal for a framework decision on which a political agreement was reached at the Justice and Home Affairs Council meeting of 19 April 2007, the Parliament addresses the following recommendations to the Council:

send out a strong political message in support of a citizens" Europe and provide a high level of protection for fundamental rights by finalising the text as soon as possible and ensuring that it is publicised; make education towards peace, non-violence and respect for fundamental rights, and an interfaith and intercultural dialogue at EU level, the main instruments of the fight against racism and xenophobia; ensure that the framework decision contributes European added value over and above the Joint Action; together with the Commission, apply more actively existing anti-discrimination and anti-racist legislation and Treaty provisions, and monitor closely the future transposition and implementation of the framework decision in each Member State, and report back to Parliament; ensure that the Commission starts infringement proceedings against those Member States which fail to implement the legislation; recognise that some Member States have criminalised the denial or flagrant trivialisation of genocide, crimes against humanity or war crimes; insert in the final text of the framework decision the definition of racist and xenophobic offences which is already included in the above-mentioned Commission proposal pursuant to which "directing, supporting or participating in the activities of a racist or xenophobic group with the intention of contributing to the organisation's criminal activities" would be punishable as a criminal offence; exclude the notion of a public order offence, since it is not based on a precise definition of that concept, and define what constitutes threatening, abusive or insulting conduct which Member States may decide is or is not punishable; incorporate a non-regression clause such as the one contained in Article 6 of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, in order to ensure that the implementation of the framework decision does not lead to a weakening of existing forms of protection; ensure that implementation of the framework decision will not undermine any obligation imposed pursuant to the above-mentioned International Convention on the Elimination of All Forms of Racial Discrimination; set up, under the aegis of the European Union Agency for Fundamental Rights, a unit for the purpose of monitoring similar offences in the Member States, its task being to record, store and classify data; ensure that the framework decision is satisfactorily implemented by allowing the Commission report to take account of the opinions of the Fundamental Rights Agency and the non-governmental organisations concerned; introduce a comprehensive legal framework enabling discrimination to be combated in all its forms, through the swift adoption of a comprehensive directive on the fight against discrimination (pursuant to Article 13 of the Treaty) which should provide for effective, proportionate and deterrent penal sanctions for all forms of discrimination, as well as administrative sanctions, rehabilitative sanctions such as mandatory education and community service, or fines, which, in the case of public figures and representatives of the authorities, should be more severe owing to the fact that their status should be considered to be an aggravating circumstance; take into account the fact that there should be no hierarchy among the grounds for discrimination and include within the scope of criminal liability hate crimes and violent crimes based on those grounds or a combination of those grounds (multiple discrimination);

undertake to carry out, within no more than three years after the time limit for transposition of the framework decision, a revision of the provisions of the framework decision, with the aim of reducing the scope of derogations.

Documents
2007/06/21
   EP - End of procedure in Parliament
2007/06/20
   EP - Debate in Parliament
2007/04/26
   EP - Committee referral announced in Parliament, 1st reading/single reading
2007/04/19
   EP - Committee report tabled for plenary, single reading
Documents
2007/04/19
   EP - Committee report tabled for plenary, single reading
Documents
2007/04/11
   EP - Vote in committee, 1st reading/single reading
Details

The committee adopted the own-initiative report by Martine ROURE (FR, PES) containing a proposal for a European Parliament recommendation to the Council on the progress of the negotiations on the framework decision on action to combat racism and xenophobia. Although negotiations have been going on for a number of years, no agreement has yet been reached within the Council on the proposal for a framework decision. The German Presidency has proposed to the Council that negotiations be continued on the basis of a text for a framework decision submitted on 15 January 2007. Parliament adopted its position on 4 July 2002 on the basis of the Commission's initial 2001 proposal (please see CNS/2001/0270 ), which has now been substantially changed. The committee said that Parliament should therefore be consulted again on the basis of the text currently being discussed in Council. In the meantime, it decided to address a series of recommendations to the Council on the new text:

- the Council should send out a strong political message in support of a Citizens' Europe and provide a high level of protection for fundamental rights "through the avoidance of a third failure in respect of the proposal for a framework decision";

- the Council should make education towards peace, non-violence and respect for fundamental rights, and an interfaith and intercultural dialogue at EU level, the main instruments of the fight against racism and xenophobia;

- the framework decision should constitute European added value over and above the Joint Action adopted in 1996;

- together with the Commission, the Council should apply more actively existing anti-discrimination and anti-racist legislation and Treaty provisions and monitor the future implementation of the framework decision in each Member State, and report back to Parliament. The Council should also ensure that the Commission starts infringement proceedings against those Member States which fail to implement the legislation;

- the Council should insert in the final text of the framework decision the definition of racist and xenophobic offences already included in the Commission proposal for a framework decision, pursuant to which "directing, supporting or participating in the activities of a racist or xenophobic group with the intention of contributing to the organisation's criminal activities" is punishable as a criminal offence;

- the possibility of derogating from the principle of dual criminal liability should be left intact in order to enable the Member States to provide mutual support in judicial matters for the prosecution of racist and xenophobic behaviour and in order to combat cross-border racist movements;

- a non-regression clause should be incorporated to ensure that the implementation of the framework decision does not lead to a weakening of existing forms of protection;

- the Council should introduce a comprehensive legal framework to combat any from of discrimination through the adoption of a horizontal directive (pursuant to Article 13 of the Treaty) providing for effective, proportionate and deterrent penal sanctions as well as administrative sanctions, rehabilitative sanctions (such as mandatory education and community service) or fines, which, in the case of public figures and representatives of the authorities, should be more severe.

2007/03/23
   EP - Amendments tabled in committee
Documents
2007/03/20
   EP - ROURE Martine (PSE) appointed as rapporteur in LIBE
2007/03/05
   EP - Committee draft report
Documents
2007/03/02
   EP - Non-legislative basic document
Documents
2007/03/02
   EC - Non-legislative basic document published
Documents

Documents

Activities

History

(these mark the time of scraping, not the official date of the change)

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events/6/docs/0/url
Old
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New
http://www.europarl.europa.eu/doceo/document/TA-6-2007-0285_EN.html
activities
  • date: 2007-03-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2007-76&language=EN type: Non-legislative basic document published title: B6-0076/2007 body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: FRATTINI Franco type: Non-legislative basic document published
  • date: 2007-04-11T00:00:00 body: EP committees: body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: ROURE Martine type: Vote in committee, 1st reading/single reading
  • date: 2007-04-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-151&language=EN type: Committee report tabled for plenary, single reading title: A6-0151/2007 body: EP type: Committee report tabled for plenary, single reading
  • date: 2007-04-26T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: ROURE Martine
  • date: 2007-06-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20070620&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2007-06-21T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=13516&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-285 type: Decision by Parliament, 1st reading/single reading title: T6-0285/2007 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Justice and Consumers commissioner: FRATTINI Franco
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2007-03-20T00:00:00
rapporteur
name: ROURE Martine group: Socialist Group in the European Parliament abbr: PSE
committees/0
body
EP
responsible
True
committee
LIBE
date
2007-03-20T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: PSE name: ROURE Martine
docs
  • date: 2007-03-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2007-76&language=EN title: B6-0076/2007 type: Non-legislative basic document body: EP
  • date: 2007-03-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE386.339 title: PE386.339 type: Committee draft report body: EP
  • date: 2007-03-23T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE386.570 title: PE386.570 type: Amendments tabled in committee body: EP
  • date: 2007-04-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-151&language=EN title: A6-0151/2007 type: Committee report tabled for plenary, single reading body: EP
  • date: 2007-07-18T00:00:00 docs: url: /oeil/spdoc.do?i=13516&j=0&l=en title: SP(2007)3798/2 type: Commission response to text adopted in plenary
events
  • date: 2007-03-02T00:00:00 type: Non-legislative basic document published body: EC docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2007-76&language=EN title: B6-0076/2007
  • date: 2007-04-11T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the own-initiative report by Martine ROURE (FR, PES) containing a proposal for a European Parliament recommendation to the Council on the progress of the negotiations on the framework decision on action to combat racism and xenophobia. Although negotiations have been going on for a number of years, no agreement has yet been reached within the Council on the proposal for a framework decision. The German Presidency has proposed to the Council that negotiations be continued on the basis of a text for a framework decision submitted on 15 January 2007. Parliament adopted its position on 4 July 2002 on the basis of the Commission's initial 2001 proposal (please see CNS/2001/0270 ), which has now been substantially changed. The committee said that Parliament should therefore be consulted again on the basis of the text currently being discussed in Council. In the meantime, it decided to address a series of recommendations to the Council on the new text: - the Council should send out a strong political message in support of a Citizens' Europe and provide a high level of protection for fundamental rights "through the avoidance of a third failure in respect of the proposal for a framework decision"; - the Council should make education towards peace, non-violence and respect for fundamental rights, and an interfaith and intercultural dialogue at EU level, the main instruments of the fight against racism and xenophobia; - the framework decision should constitute European added value over and above the Joint Action adopted in 1996; - together with the Commission, the Council should apply more actively existing anti-discrimination and anti-racist legislation and Treaty provisions and monitor the future implementation of the framework decision in each Member State, and report back to Parliament. The Council should also ensure that the Commission starts infringement proceedings against those Member States which fail to implement the legislation; - the Council should insert in the final text of the framework decision the definition of racist and xenophobic offences already included in the Commission proposal for a framework decision, pursuant to which "directing, supporting or participating in the activities of a racist or xenophobic group with the intention of contributing to the organisation's criminal activities" is punishable as a criminal offence; - the possibility of derogating from the principle of dual criminal liability should be left intact in order to enable the Member States to provide mutual support in judicial matters for the prosecution of racist and xenophobic behaviour and in order to combat cross-border racist movements; - a non-regression clause should be incorporated to ensure that the implementation of the framework decision does not lead to a weakening of existing forms of protection; - the Council should introduce a comprehensive legal framework to combat any from of discrimination through the adoption of a horizontal directive (pursuant to Article 13 of the Treaty) providing for effective, proportionate and deterrent penal sanctions as well as administrative sanctions, rehabilitative sanctions (such as mandatory education and community service) or fines, which, in the case of public figures and representatives of the authorities, should be more severe.
  • date: 2007-04-19T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-151&language=EN title: A6-0151/2007
  • date: 2007-04-26T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2007-06-20T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20070620&type=CRE title: Debate in Parliament
  • date: 2007-06-21T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=13516&l=en title: Results of vote in Parliament
  • date: 2007-06-21T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-285 title: T6-0285/2007 summary: In adopting the initiative report by Mrs Martine ROURE (PES, FR) on the progress of the negotiations concerning the framework decision on combating racism and xenophobia, the European Parliament did not follow the position agreed on by the committee responsible and approved a series of compromise amendments tabled by the PES, EPP-ED, ADLE, Greens/ALE, GUE/NGL . To recall, this framework decision concerns combating certain forms and expressions of racism and xenophobia by means of criminal law has been blocked by the Council since 2005. The German Presidency announced in January 2007 that this issue would take priority. MEPs drafted a first initiative report covering recommendations to be included into the framework decision by the Council. However, before this report arrived at Plenary, the Justice and Home Affairs Council on the 19 April 2007 reached an informal political agreement and amended the initial text on which the Parliament was consulted on in 2002 (refer to CNS/2001/0270 ). The House decided to amend its approach and proposed an amended version of the initiative report by associating the main European Parliament political groups. Following the publication of the final text, the Parliament shall draft a second consultation report on the draft framework decision. In view of the proposal for a framework decision on which a political agreement was reached at the Justice and Home Affairs Council meeting of 19 April 2007, the Parliament addresses the following recommendations to the Council: send out a strong political message in support of a citizens" Europe and provide a high level of protection for fundamental rights by finalising the text as soon as possible and ensuring that it is publicised; make education towards peace, non-violence and respect for fundamental rights, and an interfaith and intercultural dialogue at EU level, the main instruments of the fight against racism and xenophobia; ensure that the framework decision contributes European added value over and above the Joint Action; together with the Commission, apply more actively existing anti-discrimination and anti-racist legislation and Treaty provisions, and monitor closely the future transposition and implementation of the framework decision in each Member State, and report back to Parliament; ensure that the Commission starts infringement proceedings against those Member States which fail to implement the legislation; recognise that some Member States have criminalised the denial or flagrant trivialisation of genocide, crimes against humanity or war crimes; insert in the final text of the framework decision the definition of racist and xenophobic offences which is already included in the above-mentioned Commission proposal pursuant to which "directing, supporting or participating in the activities of a racist or xenophobic group with the intention of contributing to the organisation's criminal activities" would be punishable as a criminal offence; exclude the notion of a public order offence, since it is not based on a precise definition of that concept, and define what constitutes threatening, abusive or insulting conduct which Member States may decide is or is not punishable; incorporate a non-regression clause such as the one contained in Article 6 of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, in order to ensure that the implementation of the framework decision does not lead to a weakening of existing forms of protection; ensure that implementation of the framework decision will not undermine any obligation imposed pursuant to the above-mentioned International Convention on the Elimination of All Forms of Racial Discrimination; set up, under the aegis of the European Union Agency for Fundamental Rights, a unit for the purpose of monitoring similar offences in the Member States, its task being to record, store and classify data; ensure that the framework decision is satisfactorily implemented by allowing the Commission report to take account of the opinions of the Fundamental Rights Agency and the non-governmental organisations concerned; introduce a comprehensive legal framework enabling discrimination to be combated in all its forms, through the swift adoption of a comprehensive directive on the fight against discrimination (pursuant to Article 13 of the Treaty) which should provide for effective, proportionate and deterrent penal sanctions for all forms of discrimination, as well as administrative sanctions, rehabilitative sanctions such as mandatory education and community service, or fines, which, in the case of public figures and representatives of the authorities, should be more severe owing to the fact that their status should be considered to be an aggravating circumstance; take into account the fact that there should be no hierarchy among the grounds for discrimination and include within the scope of criminal liability hate crimes and violent crimes based on those grounds or a combination of those grounds (multiple discrimination); undertake to carry out, within no more than three years after the time limit for transposition of the framework decision, a revision of the provisions of the framework decision, with the aim of reducing the scope of derogations.
  • date: 2007-06-21T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: FRATTINI Franco
procedure/dossier_of_the_committee
Old
LIBE/6/46495
New
  • LIBE/6/46495
procedure/legal_basis/0
Rules of Procedure EP 134-p3
procedure/legal_basis/0
Rules of Procedure of the European Parliament EP 134-p3
procedure/subject
Old
  • 7.30.08 Action to combat racism and xenophobia
New
7.30.08
Action to combat racism and xenophobia
activities
  • date: 2007-03-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2007-76&language=EN type: Non-legislative basic document published title: B6-0076/2007 body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: FRATTINI Franco type: Non-legislative basic document published
  • date: 2007-04-11T00:00:00 body: EP committees: body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: ROURE Martine type: Vote in committee, 1st reading/single reading
  • date: 2007-04-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-151&language=EN type: Committee report tabled for plenary, single reading title: A6-0151/2007 body: EP type: Committee report tabled for plenary, single reading
  • date: 2007-04-26T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: ROURE Martine
  • date: 2007-06-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20070620&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2007-06-21T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=13516&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-285 type: Decision by Parliament, 1st reading/single reading title: T6-0285/2007 body: EP type: Results of vote in Parliament
committees
  • body: EP responsible: True committee: LIBE date: 2007-03-20T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PSE name: ROURE Martine
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: FRATTINI Franco
procedure
dossier_of_the_committee
LIBE/6/46495
reference
2007/2067(INI)
title
Combating racism and xenophobia: progress in the negotiations on the framework decision
legal_basis
Rules of Procedure of the European Parliament EP 134-p3
stage_reached
Procedure completed
type
INI - Own-initiative procedure
subject
7.30.08 Action to combat racism and xenophobia