European Commission calls on Ireland, Bulgaria and Estonia to correctly transpose EU law combating racism and xenophobia

Today, the European Commission sent a letter of formal notice to Ireland (INFR(2024)2205) and reasoned opinions to Bulgaria (INFR(2020)2321) and Estonia (INFR(2016)2048) for only partially and incorrectly transposing the Council Framework Decision on combating racism and xenophobia (Council Framework Decision 2008/913/JHA). 

The aim of the Framework Decision is to ensure that serious manifestations of racism and xenophobia, such as public incitement to violence or hatred, are punishable by effective, proportionate, and dissuasive criminal penalties throughout the European Union. 

The Commission considers that Ireland has not fully transposed the provisions related to incitement to hatred or violence, including the condoning, denial or gross trivialisation of international crimes and the Holocaust. 

The Commission also sent a letter of formal notice to Estonia in October 2020 and to Bulgaria in February 2021. The Commission considers that Estonia and do not correctly transpose the provisions related to the definition of the offence of incitement to hatred or violence, including the condoning, denial or gross trivialisation of international crimes and the Holocaust. 

Moreover, Bulgarian, Estonian and Irish laws do not, or not correctly, qualify the racist or xenophobic motivation as aggravating factors for all criminal offences or ensure that national courts can take this motivation into account when defining the sentences. 

The Member States now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion to Ireland as well as to refer Bulgaria and Estonia to the Court of Justice of the European Union.

More information:

October infringements package: key decisions