EC requests Romania to correctly transpose EU law on hate speech, hate crimes

On Wednesday, the European Commission (EC) decided to send an additional letter of formal notice to Romania for an incorrect transposition of EU rules on racism and xenophobia, asking the country to correctly transpose EU law on hate speech and hate crimes, according to a press release published by the EC Representation in Bucharest.

The aim of the framework decision on combating racism and xenophobia by means of criminal law 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 European Commission had sent a letter of formal notice to Romania in October 2020. Romania responded to the letter of formal notice, and in June 2022, Romania adopted a new legislation aiming at solving the issues of incorrect transposition raised by the commission. The commission carefully assessed the new legislation and concluded that the amendments solve the issues raised in the letter of formal notice. However, the new legislation adds an element which narrows the scope of the criminalisation of hate speech in a way that is incompatible with the framework decision. For this reason, the commission decided to send an additional letter of formal notice to Romania who now has two months to take the necessary measures to address the shortcomings identified. In the absence of a satisfactory response, the commission may decide to send Romania a reasoned opinion.

Also on Wednesday the European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands and Romania for failing to correctly transpose the directive on the right of access to a lawyer and to communicate upon arrest. The purpose of the directive is to ensure that suspects and accused persons in criminal proceedings and persons requested in European Arrest Warrant (EAW) proceedings have access to a lawyer from the earliest stages of the proceedings; and that those who are deprived of liberty may inform and communicate with third persons, such as their employer or family members, as well as with consular authorities.

Romania failed to correctly transpose exceptions from the right to have a third person informed of deprivation of liberty and the legal conditions under which a suspect or accused person may choose not to exercise the right of access to a lawyer. Dutch law provides for exceptions from the right of access to a lawyer in EAW proceedings, which are not allowed under the directive.

Romania and the Netherlands now have two months to take the necessary measures to address the shortcomings identified by the commission. In the absence of a satisfactory response, the commission may decide to send them a reasoned opinion.