ABSTRACT
The European Union's (EU) Framework Decision 2008/913/JHA (FD) entered into force after protracted negotiations among Member States which reflected the controversial nature of the issues addressed therein. The highly contentious nature of the crime of denialism is further confirmed by the lengthy and troubled seven-year negotiating history of the FD. As required under Article 10(2) of the FD, the Commission prepared a report outlining the extent to which EU Member States, over three years after the deadline set for implementation expired, have complied with the requirements of the FD. In spite of the potential discrepancy between the definitions in national laws and the FD, the FD may help achieve the object of harmonisation by legitimising existing broad judicial interpretation. Deriving from the slippery slope effect, the expansive tendency is criticized as the major drawback of anti-denialism legislation in general. Holocaust denial is regarded – and accordingly punished – as a subtle form of anti-Semitism, and hence racism.
