2012
DOI: 10.12681/historein.138
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Criminal Laws on History: The Case of the European Union

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Cited by 8 publications
(2 citation statements)
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“…The Court methodology is flawed in a number of ways. It fails to take into account the different historical realities of European states, which were apparent during the discussions on the final text of the EU's FD (Cajani 2011). While in many states prohibition of Holocaust denial still serve the need to protect the Jewish population against incitement to hatred and discrimination, as evidenced also by the Court's jurisprudence, the UK government, for instance, objected to the need to single out this crime on the basis that it does not constitute the primary tool of anti-Semitism (Pech 2009).…”
Section: Concluding Observationsmentioning
confidence: 99%
“…The Court methodology is flawed in a number of ways. It fails to take into account the different historical realities of European states, which were apparent during the discussions on the final text of the EU's FD (Cajani 2011). While in many states prohibition of Holocaust denial still serve the need to protect the Jewish population against incitement to hatred and discrimination, as evidenced also by the Court's jurisprudence, the UK government, for instance, objected to the need to single out this crime on the basis that it does not constitute the primary tool of anti-Semitism (Pech 2009).…”
Section: Concluding Observationsmentioning
confidence: 99%
“…As Tony Judt memorably put it, Holocaust recognition became 'our contemporary European entry ticket', established as 'the very definition and guarantee of the continent's restored humanity' 134. This promotion has taken diverse forms: in 2008 an EU Framework Declaration declared that member states should make denial, or even gross trivialisation, of the Holocaust a criminal offence, thus adding to an increasingly dense thicket of international legal stipulations seeking to police the boundaries of collective memory 135. There are contradictory currents here.…”
mentioning
confidence: 99%