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Date: April 29, 2024 Mon
Time: 11:51 pm
Time: 11:51 pm
Results for legislation (europe)
1 results foundAuthor: ILGA-Europe Title: Research on the legal ground and the political arguments for inclusive EU legislation against bias violence and hatred Summary: The following analysis examines the question of whether the European Union (‘EU’) has competence to adopt legislation on crimes motivated by hatred (‘hate crimes’) against the specifi ed groups listed in Article 19 of the Treaty on the Functioning of the European Union (‘TFEU’), which is the legal base for adopting legislation to combat discrimination on grounds of race, sex, sexual orientation, disability, age and religion. To place this issue in context, the analysis first of all examines the overall legal framework for criminal law in the European Union (section 1), and then also examines the legal framework relating to human rights protection in the EU (section 2), in particular examining the rights to equality and non-discrimination. After an assessment of the issue of competence (section 3), the analysis then examines the prospects for adoption of EU legislation with a limited number of Member States (section 4), and then examines the possibility of adopting legislation outside of the EU legal framework entirely, in particular within the Council of Europe legal framework (section 5). The Annex to this report sets out a simplified flow-chart of the EU’s decision-making procedures, both to adopt legislation and to authorise ‘enhanced cooperation’ (ie adoption of the legislation among only a limited number of Member States). It is assumed throughout this analysis that legislation on homophobic hate crimes could or should also be drawn up in conjunction with criminal law legislation related to other forms of discrimination not yet addressed by EU law (as regards criminal law), for example as regards off ences deriving from sexism or religious bigotry. Addressing all of these forms of discrimination together would avoid perpetuating the ‘hierarchy of discrimination’ which exists in EU law (in that some of the groups listed in Article 19 TFEU enjoy more protection than others as regards EU law). However, the analysis does not address the possibility of the EU adopting measures to address hate crimes which are committed on grounds which are not listed in Article 19 TFEU. Details: Brussels, Belgium: ILGA-Europe, 2011. 50p. Source: Internet Resource: Accessed February 10, 2012 at http://www.msmgf.org/files/msmgf//Advocacy/ResearchonlegalgroundsforEUhatelegislationoct11jnt.pdf Year: 2011 Country: Europe URL: http://www.msmgf.org/files/msmgf//Advocacy/ResearchonlegalgroundsforEUhatelegislationoct11jnt.pdf Shelf Number: 124069 Keywords: Bias CrimeHate CrimeLegislation (Europe)Violent Crime |