GERMANY:Germany wants to pass an EU-wide law that would make Holocaust denial, display of Nazi symbols and racist statements crimes punishable by up to three years in prison.
Germany wants to pass an EU-wide law that would make Holocaust denial, display of Nazi symbols and racist statements crimes punishable by up to three years in prison.
The draft law would also ban the dissemination of xenophobic statements that could incite violence or hatred, German justice minister Brigitte Zypries said yesterday.
In a briefing to discuss Germany's six-month presidency of the EU, Ms Zypries said she was very hopeful she could get all 27 EU states to sign up to the draft law.
"For us it is about making the denial of the Holocaust a crime . . . it is not acceptable to deny this when six million Jews died . . .We believe there are limits to freedom of expression," said Ms Zypries, who will begin talks with EU ministers on Sunday.
Germany and several other EU states, including France, Belgium and Austria, already have tough domestic legislation outlawing Holocaust denial and the wearing or display of Nazi symbols. The discredited British historian David Irving recently spent 13 months in prison for denying the Holocaust in Austria.
But legislating to outlaw Holocaust denial or the display of symbols in all EU member states is likely to prove controversial. An attempt by Germany in 2004 to get this type of law passed by the council of ministers foundered.
Member states have concerns over limiting freedom of speech - and whether the list of historical events that cannot legally be denied could later be extended. For example, lawmakers in France recently proposed making denial of the Armenian genocide a crime, while former communist states may push to have communist symbols outlawed.
Ms Zypries said she felt the legislation should first deal with the historical fact of Holocaust denial but did not rule out that it could be extended to cover other areas.
"We want to make one step after another. That's why we should only concentrate on Jews and in a second step deal with other problems in Europe," she said. "This is indeed a very tricky dossier . . . Nevertheless it is worthwhile for Europe to send a clear signal in this regard."
Ms Zypries said she thought that mandatory sentences of one to three years in prison would be appropriate for Holocaust denial and incitement to hatred or violence from xenophobic or racist comments.
EU justice ministers will begin discussions on the proposed draft legislation at a two-day informal meeting in Dresden starting tomorrow.
Ministers will also discuss a proposal to have divorce laws from one member state apply in the courts of another where the marriage involves citizens of different states. Ireland and Britain have signalled they will opt out of the proposed legislation.