On 18 January 2024, the European Parliament (EP) adopted a resolution that calls on the Council to take a decision to include hate speech and hate crime among the list of "EU crimes" under Article 83(1) TFEU. The Commission tabled a corresponding proposal in December 2021 (→ eucrim 4/2021, 221). MEPs criticise the Council’s inaction for two years, even though hate is on the rise. Member States are urged to give up their opposition against the draft decision. The resolution also highlighted the following points:

• All forms of discrimination and hate, including hate speech and hate crimes, contradict the core values of the EU such as human dignity, freedom, democracy, equality, and respect for human rights;
• The underreporting of incidents against vulnerable groups and varying levels of legal protection across Member States hinder effective responses;
• There is an urgent need for a common EU approach establishing minimum standards for defining and penalizing hate speech and hate crime offenses;
• Special attention is needed for minors and vulnerable groups in order to ensure their protection from hate speech and hate crimes, including in digital spaces;
• The EU must improve data collection on hate incidents and take care for robust support systems for victims, including legal protection, access to justice, and specialized support services.

The inclusion of further crimes, not yet explicitly listed in Art. 83(1) TEU requires a unanimous decision in the Council. This decision is the necessary prerequisite for the Commission to table a concrete proposal on harmonised definitions and penalties for the crime in question.