WRITTEN QUESTION E-2962/00 by Daniela Raschhofer (NI) to the Commission. Right-wing extremism in the Member States.
Date: 2000-09-20
Institutions: European Parliament, Provisional data
Subjects: Austria, National Socialism, judicial cooperation in criminal matters in the EU

22.5.2001

EN

Official Journal of the European Communities

C 151 E/31

(2001/C 151 E/039)

WRITTEN QUESTION E-2962/00

by Daniela Raschhofer (NI) to the Commission

(20 September 2000)

Subject: Right-wing extremism in the Member States

Austria has a law subjecting any form of national socialist revival activity to criminal prosecution
(1947 prohibition statute, StGBl. No 13/1945, BGBl. No 25/1947); this law ranks equally with the
constitution.

Paragraphs 3 to 3i list the various criminal offences and matching penalties. Penalties range, according to
the offence, from one year to life imprisonment. Responsibility for implementing the procedure rests with
the district courts sitting as jury courts.

Will the Commission state:

(cid:129) which Member States have comparable legislation?

(cid:129) what differences exist between the Member States in terms of offences and penalties?

(cid:129) whether it is necessary in the light of common European values to prosecute national socialist revival

activity as a criminal offence?

(cid:129) whether it is planning uniform European legislation banning national socialist revival activity?

The Commission is asked to forward to the author, where appropriate, the various comparable laws.

Answer given by Mr Vitorino on behalf of the Commission

(31 October 2000)

The Joint Action of 15 July 1996 concerning action to combat racism and xenophobia (1) requires Member
States to treat certain types of racist or xenophobic behaviour as offences or, failing that, to undertake in
these cases to derogate from the principle of double criminality. Such behaviour includes public incitement
to violence or racial hatred, public condoning of crimes against humanity and human rights violations,
public denial of crimes, public dissemination or distribution of material containing expressions of racism
and xenophobia, and participation in the activities of groups, organisations or associations which involve
discrimination, violence or racial hatred.

The first evaluation report on implementation produced in 1998 showed that behaviour covered by the
Joint Action was liable to criminal penalties in most Member States and that in those where it was not, the
legislation was being amended. Judicial cooperation instruments can be applied in this area without any
difficulty.

A second report is being prepared by the Council. In the light of this report, the Commission will ascertain
whether additional EU rules are needed, in particular with regard to the use of the Internet for racist or
xenophobic purposes.

(1) OJ L 185, 27.7.1996.

(2001/C 151 E/040)

WRITTEN QUESTION E-2968/00

by Bart Staes (Verts/ALE) to the Council

(25 September 2000)

Subject: Making school milk an integral feature of a healthy food policy

Because the school milk programme contributes to the objectives in respect of food and health policy, the
Commission and the Ministers of Agriculture have decided to reduce subsidies under the European