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2023/2068(INI) Extending the list of EU crimes to hate speech and hate crime

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE PAGAZAURTUNDÚA Maite (icon: Renew Renew) ADAMOWICZ Magdalena (icon: EPP EPP), BARLEY Katarina (icon: S&D S&D), KUHNKE Alice (icon: Verts/ALE Verts/ALE), MADISON Jaak (icon: ID ID), VONDRA Alexandr (icon: ECR ECR), REGO Sira (icon: GUE/NGL GUE/NGL)
Committee Opinion FEMM TAX Vera (icon: S&D S&D) Pierrette HERZBERGER-FOFANA (icon: Verts/ALE Verts/ALE), Samira RAFAELA (icon: RE RE), Eugenia RODRÍGUEZ PALOP (icon: GUE/NGL GUE/NGL), Michiel HOOGEVEEN (icon: ECR ECR), Eleni STAVROU (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
RoP 105-p5

Events

2024/01/18
   EP - Text adopted by Parliament, single reading
Documents
2024/01/18
   EP - Decision by Parliament
Documents
2024/01/17
   EP - Debate in Parliament
2023/11/28
   EP - Committee report tabled for plenary
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted an own-initiative report by Maite PAGAZAURTUNDÚA (Renew, ES) on extending the list of EU crimes to hate speech and hate crime.

In 2021, the Commission presented the Communication ‘A more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime’, with a view to adding hate crime and hate speech to the list of areas of crime where Parliament and the Council may establish minimum rules concerning the definition of criminal offences and sanctions applicable in all EU Member States.

Although the fight against hate speech and hate crime should be a clear priority for the Union, the Council has still not adopted its proposal for a decision. Such a Council decision would be a first step in creating the legal basis for the adoption, in a second phase, of a common legal framework to combat hate speech and hate crime throughout the Union.

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

The report urged the Council to adopt a decision to include hate speech and hate crime among the criminal offences within the list under Article 83(1) TFEU, so that the Commission can initiate the second stage of the procedure. Members strongly regretted that almost two years have passed since the publication of the Commission communication and that the Council has made no progress on it, even though it was able to swiftly expand the list of EU crimes for other purposes. They also regretted such inaction in the light of the increase in hate speech and hate crimes.

Member States are called on to work together responsibly and constructively to resume negotiations within the Council in order to adopt a Council decision before the end of the current parliamentary term.

The report called on the current and future Presidencies of the Council of the Union to consider the Commission’s proposal as a priority when drawing up their agenda and defining objectives. It recommended that Article 83 TFEU be amended to make it subject to reinforced qualified majority rather than the current required unanimity and called for the ‘passerelle clause’ to be activated in this regard.

Future legislation

Members emphasised that future EU legislation to establish minimum standards concerning the definition of criminal offences and sanctions for hate speech and hate crimes must protect human dignity, seek to prevent harm, ensure equality and combat hatred and intolerance, irrespective of the motivation.

The Commission is asked to consider an open-ended approach whereby the list of grounds of discrimination will not be limited to a closed list in order to effectively combat hate speech and hate crimes motivated by new and changing social dynamics.

Members stressed the importance of:

- giving particular consideration to minors , including those belonging to vulnerable groups , so as to give them special protection from hate speech and hate crimes, to prevent these incidents, including bullying in schools and cyberbullying, from occurring and to minimise their impact on minors’ development and mental health;

- ensuring that a robust EU legal protection framework is put in place so that victims are effectively protected;

- applying an intersectional approach and the importance of adopting comprehensive measures, including providing training to professionals likely to come into contact with victims, as well as measures to ensure protection, safe access to independent justice, specialised support services and reparations for victims.

The Commission and the Member States are invited, in cooperation with the relevant EU bodies and organisations, to establish adequate data collection systems for obtaining solid, comparable, disaggregated and anonymous data on hate incidents.

Documents
2023/11/13
   EP - Vote in committee
2023/10/25
   EP - Committee opinion
Documents
2023/09/12
   EP - Amendments tabled in committee
Documents
2023/06/28
   EP - Committee draft report
Documents
2023/05/30
   EP - TAX Vera (S&D) appointed as rapporteur in FEMM
2023/05/11
   EP - Committee referral announced in Parliament
2023/01/12
   EP - PAGAZAURTUNDÚA Maite (Renew) appointed as rapporteur in LIBE

Documents

Votes

Extension de la liste des infractions de l'UE aux discours de haine et aux crimes de haine - Extending the list of EU crimes to hate speech and hate crime - Erweiterung der Liste der EU-Straftatbestände um Hetze und Hasskriminalität - A9-0377/2023 - Maite Pagazaurtundúa - Après le § 1 - Am 4 #

2024/01/18 Outcome: -: 414, +: 119, 0: 18
HU PL LV MT EE SK CY BG HR CZ LT SI LU BE EL FI AT IE SE IT DK NL FR PT RO ES DE
Total
13
46
3
3
7
12
4
9
12
19
8
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6
15
11
11
15
13
19
52
14
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64
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21
52
72
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A9-0377/2023 - Maite Pagazaurtundúa - Après le § 1 - Am 7 #

2024/01/18 Outcome: -: 415, +: 124, 0: 11
HU PL CZ BG SK LV MT EE CY HR LT SI LU BE FI AT EL IT NL SE DK IE PT RO FR ES DE
Total
12
46
19
8
12
3
3
7
4
12
8
8
6
16
11
15
14
52
20
18
14
13
20
21
65
51
72
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A9-0377/2023 - Maite Pagazaurtundúa - Après le § 1 - Am 8 #

2024/01/18 Outcome: -: 429, +: 124, 0: 7
HU PL CZ LV MT BG EE CY LT HR SK SI LU BE FI AT EL IT DK IE NL SE PT RO FR ES DE
Total
13
47
19
3
3
9
7
4
7
12
12
8
6
17
11
15
14
52
14
13
22
20
20
21
66
52
73
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A9-0377/2023 - Maite Pagazaurtundúa - § 7 - Am 10 #

2024/01/18 Outcome: -: 396, +: 136, 0: 9
HU PL HR LV MT SK CZ BG EE CY BE LU DK LT IE EL AT SI FI IT SE NL PT FR RO ES DE
Total
13
47
12
3
3
12
18
8
7
4
15
5
12
7
13
12
14
8
10
52
19
22
20
63
21
51
70
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A9-0377/2023 - Maite Pagazaurtundúa - Après le § 9 - Am 9 #

2024/01/18 Outcome: -: 414, +: 133, 0: 10
HU PL CZ SK LV MT BG EE CY BE HR SI LU IE LT FI AT EL IT NL SE DK PT RO FR ES DE
Total
13
46
19
12
3
3
9
7
4
17
11
8
6
12
8
11
15
14
52
22
18
14
20
21
67
52
73
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A9-0377/2023 - Maite Pagazaurtundúa - § 10 - Am 11 #

2024/01/18 Outcome: -: 415, +: 117, 0: 10
HU PL LV EE MT CZ CY BE BG SK LU HR LT EL FI SI AT IE DK IT SE NL RO PT FR ES DE
Total
13
43
3
6
3
19
4
15
9
12
6
11
7
12
10
8
15
13
14
49
19
21
21
20
65
52
72
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1

Finland The Left

Against (1)

1

Ireland The Left

For (1)

Abstain (1)

4

Denmark The Left

Against (1)

1

Sweden The Left

Against (1)

1

Netherlands The Left

Against (1)

1

Germany The Left

3
icon: Verts/ALE Verts/ALE
59

Czechia Verts/ALE

3

Belgium Verts/ALE

2

Luxembourg Verts/ALE

Against (1)

1

Lithuania Verts/ALE

Against (1)

1

Finland Verts/ALE

2

Austria Verts/ALE

3

Ireland Verts/ALE

2

Denmark Verts/ALE

2

Italy Verts/ALE

3

Sweden Verts/ALE

3

Netherlands Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Spain Verts/ALE

3
icon: Renew Renew
84

Hungary Renew

2

Latvia Renew

Against (1)

1

Estonia Renew

Against (2)

2
4

Belgium Renew

2

Bulgaria Renew

3

Luxembourg Renew

2

Croatia Renew

Against (1)

1

Lithuania Renew

Against (1)

1

Greece Renew

Against (1)

1

Finland Renew

3

Slovenia Renew

2

Austria Renew

Against (1)

1

Ireland Renew

2

Italy Renew

2

Sweden Renew

2
icon: S&D S&D
109

Hungary S&D

Against (1)

1

Estonia S&D

2

Malta S&D

2

Czechia S&D

Against (1)

1

Cyprus S&D

2

Belgium S&D

2

Bulgaria S&D

Against (1)

1

Slovakia S&D

Against (1)

1

Luxembourg S&D

Against (1)

1

Lithuania S&D

1

Greece S&D

Against (1)

1

Finland S&D

Against (1)

1

Slovenia S&D

2

Netherlands S&D

4
icon: PPE PPE
132

Latvia PPE

Against (1)

1

Estonia PPE

Abstain (1)

1

Malta PPE

Against (1)

1

Bulgaria PPE

3

Slovakia PPE

For (1)

4

Luxembourg PPE

2

Finland PPE

2

Slovenia PPE

4

Austria PPE

3

Denmark PPE

Against (1)

1

A9-0377/2023 - Maite Pagazaurtundúa - Après le considérant M - Am 6 #

2024/01/18 Outcome: -: 421, +: 119, 0: 6
HU PL CZ MT LV BG SK CY EE HR LT SI LU BE EL FI AT DK IE IT NL SE PT RO FR ES DE
Total
13
44
19
3
3
9
12
4
7
12
8
8
6
17
12
11
15
14
12
49
21
19
20
21
66
52
69
icon: ECR ECR
49

Bulgaria ECR

2

Slovakia ECR

For (1)

1

Croatia ECR

1

Belgium ECR

2

Finland ECR

1
icon: ID ID
42

Estonia ID

For (1)

1
3

Denmark ID

For (1)

1
icon: NI NI
41

Czechia NI

For (1)

1

Latvia NI

Against (1)

1

Lithuania NI

1

Belgium NI

Against (1)

1

France NI

Against (1)

3

Germany NI

For (1)

3
icon: The Left The Left
28

Czechia The Left

Abstain (1)

1

Cyprus The Left

2

Belgium The Left

Against (1)

1

Greece The Left

1

Finland The Left

Against (1)

1

Denmark The Left

Against (1)

1

Ireland The Left

3

Netherlands The Left

Against (1)

1

Sweden The Left

Against (1)

1

Germany The Left

3
icon: Verts/ALE Verts/ALE
61

Czechia Verts/ALE

3

Lithuania Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Belgium Verts/ALE

2

Finland Verts/ALE

3

Austria Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Italy Verts/ALE

3

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Spain Verts/ALE

3
icon: Renew Renew
87

Hungary Renew

2

Poland Renew

1

Latvia Renew

Against (1)

1

Bulgaria Renew

3

Estonia Renew

3

Croatia Renew

Against (1)

1

Lithuania Renew

Against (1)

1

Slovenia Renew

2

Luxembourg Renew

2

Belgium Renew

3

Greece Renew

Against (1)

1

Finland Renew

3

Austria Renew

Against (1)

1

Ireland Renew

2

Italy Renew

2

Sweden Renew

2
icon: S&D S&D
106

Hungary S&D

Against (1)

1

Czechia S&D

Against (1)

1

Malta S&D

For (1)

Against (1)

2

Bulgaria S&D

Against (1)

1

Slovakia S&D

Against (1)

1

Cyprus S&D

2

Estonia S&D

2

Lithuania S&D

1

Slovenia S&D

2

Luxembourg S&D

Against (1)

1

Belgium S&D

2

Greece S&D

Against (1)

1

Finland S&D

Against (1)

1

Netherlands S&D

3
icon: PPE PPE
132

Malta PPE

Against (1)

1

Latvia PPE

Against (1)

1

Bulgaria PPE

Abstain (1)

3

Slovakia PPE

For (1)

4

Estonia PPE

Against (1)

1

Slovenia PPE

For (1)

4

Luxembourg PPE

2

Finland PPE

2

Austria PPE

3

Denmark PPE

Against (1)

1

A9-0377/2023 - Maite Pagazaurtundúa - Proposition de résolution (ensemble du texte) #

2024/01/18 Outcome: +: 397, -: 121, 0: 26
DE ES FR RO PT IT SE NL DK AT BE EL IE LT LU SI BG FI EE SK HR CY MT CZ LV PL HU
Total
69
52
63
20
20
52
20
22
14
15
16
14
13
8
6
8
9
11
5
12
10
4
3
18
3
44
13
icon: PPE PPE
129

Denmark PPE

Against (1)

1

Austria PPE

3

Luxembourg PPE

2

Slovenia PPE

Against (1)

Abstain (1)

4
3

Finland PPE

Against (1)

2

Slovakia PPE

Against (1)

4

Malta PPE

For (1)

1

Latvia PPE

For (1)

1
icon: S&D S&D
108

Netherlands S&D

Against (1)

4

Belgium S&D

For (1)

1

Greece S&D

1

Lithuania S&D

1

Luxembourg S&D

For (1)

1

Slovenia S&D

2

Bulgaria S&D

For (1)

1

Finland S&D

1

Estonia S&D

2

Slovakia S&D

For (1)

1

Cyprus S&D

2

Malta S&D

2

Czechia S&D

For (1)

1

Hungary S&D

For (1)

1
icon: Renew Renew
85

Italy Renew

2
3

Austria Renew

For (1)

1

Greece Renew

1

Ireland Renew

2

Lithuania Renew

1

Luxembourg Renew

2

Slovenia Renew

2

Finland Renew

3

Estonia Renew

3

Croatia Renew

For (1)

1

Czechia Renew

3

Latvia Renew

For (1)

1

Poland Renew

1

Hungary Renew

2
icon: Verts/ALE Verts/ALE
60

Spain Verts/ALE

3

Portugal Verts/ALE

1

Italy Verts/ALE

3

Sweden Verts/ALE

3

Netherlands Verts/ALE

3

Denmark Verts/ALE

2

Austria Verts/ALE

3

Belgium Verts/ALE

2

Ireland Verts/ALE

2

Lithuania Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Finland Verts/ALE

Against (1)

3

Czechia Verts/ALE

3
icon: The Left The Left
29

Germany The Left

3

Portugal The Left

4

Sweden The Left

For (1)

1

Netherlands The Left

For (1)

1

Denmark The Left

1

Belgium The Left

Abstain (1)

1

Greece The Left

1

Ireland The Left

Against (1)

4

Finland The Left

For (1)

1

Cyprus The Left

2

Czechia The Left

Abstain (1)

1
icon: NI NI
40

Germany NI

Against (1)

3

France NI

Against (2)

2

Belgium NI

For (1)

1

Lithuania NI

Against (1)

1

Slovakia NI

3

Croatia NI

2

Czechia NI

Against (1)

1

Latvia NI

Abstain (1)

1
icon: ID ID
43

Denmark ID

Against (1)

1

Austria ID

3

Belgium ID

For (1)

3
icon: ECR ECR
50

Sweden ECR

3

Belgium ECR

2

Greece ECR

Against (1)

1

Bulgaria ECR

2

Finland ECR

Against (1)

1

Slovakia ECR

Abstain (1)

1

Croatia ECR

Against (1)

1
AmendmentsDossier
291 2023/2068(INI)
2023/07/06 FEMM 84 amendments...
source: 751.575
2023/09/12 LIBE 207 amendments...
source: 752.955

History

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

docs/3
date
2024-01-18T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0044_EN.html title: T9-0044/2024
type
Text adopted by Parliament, single reading
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EP
docs/3
date
2023-11-28T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0377_EN.html title: A9-0377/2023
type
Committee report tabled for plenary, single reading
body
EP
events/2/summary
  • The Committee on Civil Liberties, Justice and Home Affairs adopted an own-initiative report by Maite PAGAZAURTUNDÚA (Renew, ES) on extending the list of EU crimes to hate speech and hate crime.
  • In 2021, the Commission presented the Communication ‘A more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime’, with a view to adding hate crime and hate speech to the list of areas of crime where Parliament and the Council may establish minimum rules concerning the definition of criminal offences and sanctions applicable in all EU Member States.
  • Although the fight against hate speech and hate crime should be a clear priority for the Union, the Council has still not adopted its proposal for a decision. Such a Council decision would be a first step in creating the legal basis for the adoption, in a second phase, of a common legal framework to combat hate speech and hate crime throughout the Union.
  • Extend the list of EU crimes to hate speech and hate crime
  • The report urged the Council to adopt a decision to include hate speech and hate crime among the criminal offences within the list under Article 83(1) TFEU, so that the Commission can initiate the second stage of the procedure. Members strongly regretted that almost two years have passed since the publication of the Commission communication and that the Council has made no progress on it, even though it was able to swiftly expand the list of EU crimes for other purposes. They also regretted such inaction in the light of the increase in hate speech and hate crimes.
  • Member States are called on to work together responsibly and constructively to resume negotiations within the Council in order to adopt a Council decision before the end of the current parliamentary term.
  • The report called on the current and future Presidencies of the Council of the Union to consider the Commission’s proposal as a priority when drawing up their agenda and defining objectives. It recommended that Article 83 TFEU be amended to make it subject to reinforced qualified majority rather than the current required unanimity and called for the ‘passerelle clause’ to be activated in this regard.
  • Future legislation
  • Members emphasised that future EU legislation to establish minimum standards concerning the definition of criminal offences and sanctions for hate speech and hate crimes must protect human dignity, seek to prevent harm, ensure equality and combat hatred and intolerance, irrespective of the motivation.
  • The Commission is asked to consider an open-ended approach whereby the list of grounds of discrimination will not be limited to a closed list in order to effectively combat hate speech and hate crimes motivated by new and changing social dynamics.
  • Members stressed the importance of:
  • - giving particular consideration to minors , including those belonging to vulnerable groups , so as to give them special protection from hate speech and hate crimes, to prevent these incidents, including bullying in schools and cyberbullying, from occurring and to minimise their impact on minors’ development and mental health;
  • - ensuring that a robust EU legal protection framework is put in place so that victims are effectively protected;
  • - applying an intersectional approach and the importance of adopting comprehensive measures, including providing training to professionals likely to come into contact with victims, as well as measures to ensure protection, safe access to independent justice, specialised support services and reparations for victims.
  • The Commission and the Member States are invited, in cooperation with the relevant EU bodies and organisations, to establish adequate data collection systems for obtaining solid, comparable, disaggregated and anonymous data on hate incidents.
events/3
date
2024-01-17T00:00:00
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Debate in Parliament
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EP
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url: https://www.europarl.europa.eu/doceo/document/CRE-9-2024-01-17-TOC_EN.html title: Debate in Parliament
events/4
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2024-01-18T00:00:00
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Decision by Parliament
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  • date: 2024-01-15T00:00:00 title: Debate in plenary scheduled
  • date: 2024-01-16T00:00:00 title: Vote in plenary scheduled
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Indicative plenary sitting date
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url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0377_EN.html title: A9-0377/2023
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Awaiting committee decision
New
Awaiting Parliament's vote
events/1
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2023-11-13T00:00:00
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Rules of Procedure EP 159
docs/2
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2023-10-25T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/FEMM-AD-749280_EN.html title: PE749.280
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FEMM
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docs/1
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url: https://www.europarl.europa.eu/doceo/document/LIBE-AM-752955_EN.html title: PE752.955
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  • date: 2024-01-15T00:00:00 title: Indicative plenary sitting date
docs
  • date: 2023-06-28T00:00:00 docs: url: https://www.europarl.europa.eu/doceo/document/LIBE-PR-750074_EN.html title: PE750.074 type: Committee draft report body: EP
commission
  • body: EC dg: Justice and Consumers commissioner: DALLI Helena
committees/1/rapporteur
  • name: TAX Vera date: 2023-05-30T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
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