A EUROPEAN UNION FRAMEWORK DECISION ON THE OFFENCE OF DENYING A CRIME

Abstract

The adoption of the Framework Decision entitled CouncilFramework Decision 2008/913/JHA on Combating Certain Forms andExpressions of Racism and Xenophobia by Means of Criminal Law onNovember 28th, 2008 was an indication that racism and xenophobia began torise in certain EU Member States and that needs decisive EU-wide legislationin order to combat these problems. Though at a later stage, with theincorporation of a new element that defines the criteria to determine whichauthority would consider these crimes, the competence is entrusted to thenational courts of the EU Member States from the international criminal courtsestablished for the specific task. The decision creates controversy that thecrimes the denials of which are punishable include also genocide. Thereforethis essay focuses exclusively on the discussion of whether the authoritiesdesignated by the Framework Decision are appropriate and competent for thisspecific task. The article tries to highlight the fact that the latest amendment tothe Framework Decision might cause reactions and counter-reactions toprobable developments that might well concern EU member states’ past doingsin some of the former colonies. It also argues that if a decision by a nationalcourt of one of the EU member state recognizes the 1915 events as genocide,this could spark tensions in Europe, which in return could backfire against theearlier best intentions to combat racism and xenophobia becoming just theopposite by inciting racism and xenophobia in the EU countries

Keywords

• Council Framework Decision 2008/913/JHA on Combating Certain Forms and Expressions of Racism and Xenophobia by Means of Criminal Law, Competence of National Courts on Genocide, European Council, Racism and Xenophobia in the European Union