Extending EU Crimes to include hate crime and hate speech

This chapter argues that there is a critical need to integrate hate crime and hate speech within Article 83(1) of the Treaty on the Functioning of the European Union (TFEU). Hate-motivated criminal activities not only infringe upon individual rights but also erode the foundational EU values of freedom, democracy, equality, and the rule of law, contributing to societal fear and fragmentation. The transnational nature of these offences, amplified by digital platforms, necessitates a cohesive legal framework under Article 83(1) TFEU to bolster member state collaboration, ensuring stringent accountability and victim protection. Such an alignment would also reinforce the EU's adherence to international human rights obligations and solidify its global leadership in the protection of fundamental rights. Nevertheless, significant obstacles persist, including the challenge of achieving unanimous consensus within the Council of the European Union amidst diverse cultural and political landscapes. Various alternative procedural mechanisms are explored, though their effectiveness remains uncertain, illustrating the complex and contentious process of enacting legislation on hate crime and hate speech at both the EU and national levels.