The European Commission said on February 18 it decided to send letters of formal notice to Belgium, Bulgaria, Finland, Poland, and Sweden as their national laws do not fully or accurately transpose EU rules on combating racism and xenophobia by means of criminal law.
The Framework Decision aims to ensure that serious manifestations of racism and xenophobia are punishable by effective, proportionate and dissuasive criminal penalties throughout the EU.
The Belgian and Bulgarian legal frameworks do not ensure that the racist and xenophobic motivation is taken into account by national courts as an aggravating factor for all crime committed, therefore failing to ensure hate crimes are effectively and adequately prosecuted, the statement reads.
Bulgaria has failed to transpose correctly the criminalisation of specific forms of hate speech, which incite violence or hatred.
Belgium, Bulgaria, Finland, Poland, and Sweden have two months to reply to the points raised by the Commission.
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