31 Fall 2023 and groups in Europe. From the CoE's beginning, it has openly included antisemitism in the catalogue of negative phenomena that the Council opposes.5 Similarly, the European Union (EU) emerged as a second component of the European system of human rights protection, and it has exhibited various developments such as the implementation of antidiscrimination directives and the Charter of Fundamental Rights.6 After some decades of its existence, the EU started intervening on matters in the realm of hate speech and hate crimes, which encompass acts of antisemitism. Today, it offers concrete legal tools to counteract antisemitism. For example, EU Council Directive 2000/43/EC,7 the EU Council Framework Decision 2008/913/JHA of 28 November 2008,8 and the antidiscrimination provisions of the EU Charter of Fundamental Rights provide basis for banning speech and actions of antisemitic character. In turn, the CoE’s system offers the European Convention of Human Rights,9 the Convention on Cybercrime,10 and the Framework Convention for the Protection of National Minorities.11 The European system of human rights protection also includes two major European judicial bodies: the Court of Justice of the EU and the European Court of Human Rights that adjudicate also on cases related to antisemitism, including Holocaust denial and distortion. The creation of numerous legal instruments for counteracting racism and xenophobia, accompanied by consistent political actions against these phenomena, has shown the European system of human rights protection to be a persistent defender of the Jewish people’s human rights along with those of other groups. Additionally, on November 27, 2023, a report was published with a motion calling for a European Parliament Resolution on extending the list of EU crimes to include hate speech and hate crimes.12 Specifically, it argues that hate speech and hate crimes should be included among the criminal offenses listed under Article 83(1) of the Treaty on the Functioning of the European Union. It also highlights that EU Member States have diverse approaches to the prosecution of hate speech and hate crimes. As a result, it is difficult for the EU to establish a uniform base line for crimes committed against a group or individual based on their race, skin color, religion, descent or national or ethnic origin. This lack of uniformity (or even a threshold standard adopted by the Member States) ultimately hinders the EU’s collective ability to implement a successful common strategy to effectively combat hatred. At the same time, as it has been stressed, the EU Parliament strongly regrets that the CoE has not made any progress on the issue, even though it was able to swiftly expand the list of EU crimes for other purposes. Two more elements of the European system’s approach to combating antisemitism should be mentioned. The first is of a strictly legal nature, with potentially groundbreaking implications: the adoption of the Digital Services Act (DSA), which enters into force in 2024.13 Online dissemination of illegal and hateful content is arguably one of the biggest challenges in combating antisemitism. The DSA’s main goal is to prevent illegal and harmful activities online and the spread of disinformation. It ensures user safety, protects fundamental rights, and creates a fair and open online environment. The DSA applies to very large online platforms, search engines, hosting services such as cloud and web hosting, and intermediary services offering network infrastructure. The second is the EU Strategy on combating antisemitism and fostering Jewish life.14 The first initiative of its kind, this EU Strategy of 2021 includes three main components coordinated by the EU Commission: 5. J. Roubache, "The Council of Europe was the First to Recognize the Relationship between Racism and Antisemitism," JUSTICE No. 23 (Spring 2000), p. 8. 6. Charter of Fundamental Rights of the European Union, 2012, O.J. (C 326) 391–407. 7. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, 2000 O.J. (L 180) July 19, 2000, pp. 22–26. 8. Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, 2008 O.J. (L 328) Dec. 6, 2008, pp. 55–58. 9. European Convention on Human Rights, Nov. 4, 1950, 213 U.N.T.S. 222; see also Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, Council of Europe Treaty Series 005. 10. Convention on Cybercrime, Nov. 23, 2001, ETS No. 185. 11. Framework Convention for the Protection of National Minorities, Feb. 1, 1995, ETS No. 157. 12. Report of the European Parliament on extending the list of EU crimes to hate speech and hate crime, 2023, A90377/2023. 13. Information of the EU Commission on the Digital Services Act, available at https://digital-strategy.ec.europa.eu/en/ policies/digital-services-act-package 14. Information of the EU Commission on the EU Strategy on combating antisemitism and fostering Jewish life, available at https://ec.europa.eu/commission/presscorner/detail/ en/ip_21_4990
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