EU ministers decide not to outlaw Nazi symbols

European Union justice ministers have shelved proposals to outlaw the use of Nazi symbols after failing to agree on how such a ban could help fight racism and anti-Semitism.

They were suggested by German members of the European Parliament after the publication of pictures last month showing Britain's Prince Harry wearing a Nazi swastika armband at a fancy dress party.

Officials said Britain, Denmark, Hungary and Italy voiced concerns a ban of symbols like the swastika could curb freedom of expression rights.

On the table was a proposal by Luxembourg Justice Minister Luc Frieden that rules combating racism should include a ban “on displaying symbols inciting hatred and violence” like the Nazis’ use of the swastika.

German Justice Minister Brigitte Zypries said the goal of any criminal rule against the use of Nazi symbols, which already exists in Germany and Austria, ”should only be used to fight neo-Nazis”.

She said that because of opposition, the attempt to include a ban on such symbols was dropped.

Instead, talks resumed to draft common rules to fight racism and xenophobia.

During the talks in Brussels today, officials said Frieden reiterated his call for countries to “act urgently” to agree to common rules to combat anti-Semitic and racist attacks, talks on which stalled in 2003.

EU spokesman Friso Roscam Abbing said Justice and Home Affairs Commissioner Franco Frattini suggested a European-wide ban might go to too far and recommended the matter be left to national governments.

“They have their own past and histories,” Roscam Abbing said, adding it would be “inappropriate” to ban all use of symbols like the swastika, especially in teaching history in schools, or for its use in movies.

“You will always need to have exemptions,” he said. “If we want to be able to show to our children what a swastika was and this task would be made a difficult one.”

Slovak, Czech, Hungarian and Lithuanian EU MPs have also called for communist symbols like the hammer and sickle be included if the swastika is banned.

However officials said not one former Soviet bloc state which is now member of the EU raised a request that communist symbols be included in EU rules to combat racism.

The EU draft on combating racism says that “instigating, aiding, abetting and attempting to commit racist and xenophobic crimes are punishable” and suggests “public incitement to violence or hatred for racist and xenophobic purposes” be punishable with at least a two-year jail sentence.

Italy has been blocking a deal on the standards that would define what racism is and set out common aims to tackle it.