It is ironic that we are discussing this issue at a time when the incidence of hate speech and crime has seen a sharp increase across Europe and has become particularly serious and worrying, both offline and online. That is before even starting to talk about what is happening in Ukraine. The common EU action is needed to tackle this EU-wide challenge. However, there is currently no legal basis for criminalising hate speech and hate crimes at EU level. The existing list of crimes in the Treaty on the Functioning of …