EU · Quoted clause attached

European Union (bloc)

Framework overlay, not a member-state statute

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Independent-praise crime?: Framework, not a single penal code
Test: FD 2008/919: public provocation to a terrorist offence — making a message public with intent to incite, causing a danger that an offence may be committed, whether or not it directly advocates. FD 2008/913 is the racism/xenophobia overlay, not glorification.
Who decides: Member-state transposition. Commission monitors. A complete transposition dataset is Unproven here.
Cost: National maxima. FD 2008/913 requires a maximum of at least one year for the hate offences.

EU framework decisionSupportedEURacial hatred

Article 1 — offences concerning racism and xenophobia

Council Framework Decision 2008/913/JHA

Target: Public incitement to violence or hatred against a group defined by race, colour, religion, descent, or national or ethnic origin; also public condoning, denial, or gross trivialisation of ICC / IMT crimes when likely to incite violence or hatred
Test: Intentional conduct. Member States may limit to conduct likely to disturb public order, or that is threatening, abusive, or insulting. Religion is intended at least to cover pretext-for-race cases.
Max: Member States must provide a maximum of at least one year

Each Member State shall take the measures necessary to ensure that the following intentional conduct is punishable: (a) publicly inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin; … (c) publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes as defined in Articles 6, 7 and 8 of the Statute of the International Criminal Court … when the conduct is carried out in a manner likely to incite to violence or hatred …

Council Framework Decision 2008/913/JHA of 28 November 2008, Article 1(1), OJ L 328/55.

Cite · FD 2008/913/JHA Art. 1 · as of 2026-09-05

A framework decision is an instruction to write a crime, not the crime.

This is the bloc overlay, not a listed-speech framework.
Transposition is national. A complete 27-state dataset is Unproven here.

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EU framework decisionSupportedEUListed-speech offence

Public provocation to commit a terrorist offence

Council Framework Decision 2008/919/JHA

Target: Distribution or making available of a message to the public with intent to incite listed terrorist offences
Test: Whether or not the message directly advocates terrorist offences, it is punishable if it causes a danger that one or more such offences may be committed. Recital: radical, polemic, or controversial views in the public debate on terrorism fall outside.
Max: National maxima after transposition

‘public provocation to commit a terrorist offence’ shall mean the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the offences listed in Article 1(1)(a) to (h), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed.

Council Framework Decision 2008/919/JHA of 28 November 2008, Article 1, amending FD 2002/475/JHA Article 3.

Cite · FD 2008/919/JHA Art. 1 (public provocation) · as of 2026-09-05

This is the bloc-level analog of quoted listed-speech examples (UK s.1 / FR 421-2-5), implemented nationally.
The ‘whether or not directly advocating’ clause is the danger-based expansion. Recital 14 tries to keep political debate out.

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