By Bruno Waterfield - 3rd February 2005
Europe’s justice ministers are set to debate an EU ban on Nazi symbols on February 24.
European Commission officials say that restrictions under a EU legal framework to fight racism will not be a blanket ban.
Proposals are likely to extend measures against inciting racial hatred, such as distributing inflammatory leaflets, to include symbols such as the swastika.
“A general legal framework will leave to member states restrictions on certain uses of Nazi symbols such as the swastika,” a commission official told EUpolitix.
“There are other artistic or pedagogic reasons why a ban on Nazi symbols should not be total.”
The latest ban call came after a UK Royal was photographed wearing a Nazi style uniform at a fancy dress party.
And, officials emphasise that such a trivial incident should not distract from the fight against racism.
“It is more important to fight ideas in the minds of citizens,” said a commission official.
EU justice chief Franco Frattini has rejected calls from some MEPs for a ban to be extended to communist or Soviet symbols.
Frattini accepts that symbols such as the hammer and sickle may offend millions of EU citizens in Eastern Europe but makes a legal distinction to Nazi icons.
“He very much understands that Soviet type symbols may incite feelings which are just as negative as Nazi type symbols in the case of those who suffered under the second totalitarian regime of the 20th century,” said Frattini’s spokesman.
“He did at the same time state that you have to distinguish between Nazi symbols, which may remind people of racism, and xenophobia including Anti-Semitism, and other symbols.”
Frattini is backing a European Parliament debate on Soviet symbols but reminds MEPs that a swastika ban will be based on an existing EU legal framework to fight racism.
EU officials are privately convinced that such an “extremely complex and difficult" debate is unlikely to bear legislative fruit.
Symbols such as the hammer and sickle or red star may be banned in countries such as Hungary but are still symbols for active communist and socialist parties across Europe.
“This debate touches on upon freedom of expression and we must proceed in a very careful manner,” said one official.
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