PP953
Analítico de Periódico
LOBBA, Paolo
Punishing denialism beyond holocaust denial : EU Framework Decision 2008/913/JHA and other expansive trends / Paolo Lobba
New Journal of European Criminal Law, Mortsel, v.5 n.1 (2014), p.58-77
DIREITO PENAL COMUNITÁRIO, RACISMO, XENOFOBIA, NEGACIONISMO, LIBERDADE DE EXPRESSÃO, NEGAÇÃO DO HOLOCAUSTO
The EU Framework Decision 2008/913/JHA was introduced to harmonise criminal legislation combating racism and xenophobia. Among other measures, it promotes the punishment of conduct identified by scholars as ‘denialism’ or ‘négationnisme’. In line with a current, multi-faceted tendency curbing freedom of expression, the Framework Decision requests Member States to criminalise not only the denial, justification and gross trivialisation of the Holocaust, but also that of most international crimes. This paper seeks, firstly, to outline the Framework Decision’s provisions concerning denialism, taking into account the variety of positions emerging from domestic legal systems. In this regard, it is argued that, due to its own clauses, this European act produces minor legal effects and its influence is essentially of persuasive nature. Secondly, the present article purports to demonstrate the main risk implied by the prohibition of denialism, namely the slippery slope. After having illustrated some disconcerting consequences fl owing from the broad version of such crime, it is submitted that its scope should remain limited to existent anti-hate speech legislation.