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crimes committed by totalitarian regimes - Ministrstvo za pravosodje

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Crimes <strong>committed</strong> <strong>by</strong> <strong>totalitarian</strong> <strong>regimes</strong><br />

Closing remarks<br />

Jonathan Faull *1<br />

The initial challenge for the Commission and the Slovenian presidency was to gather you all here<br />

with your different points of view and various fields of expertise. This in itself is a success. This issue<br />

has now been discussed for the very first time at the EU level.<br />

The full detail of your debates cannot be summed up here. We are going to have to digest and<br />

analyse all this information and valuable material – a further challenge given the intensity of the<br />

discussions and the abundance of ideas.<br />

We draw four general conclusions from these debates:<br />

– First, the feeling that the Member States in Western Europe should be more sensitive to the<br />

tragic past of the Member States in Eastern Europe. We should examine this deficit of<br />

recognition if we want to avoid the Union being divided on matters such as these, which<br />

should actually unite us. We must work together to eliminate this deficit and to help stimulate<br />

remembrance and understanding of the past, especially as the witness generation fades away.<br />

– My second conclusion is that truth is a prerequisite for reconciliation. The spirit of reconciliation,<br />

on which the European Union is based, is as important now as it was after the Second World War. We have<br />

heard today that reconciliation with the past is important to build a common future. The experiences of<br />

reconciliation recounted today show how complex this task is, but also that there is reason to be optimistic.<br />

– The third conclusion is that there are many different ways of dealing with the issues of<br />

recognition and reconciliation. Member States have adopted different approaches according to<br />

their history, culture and institutional and legal systems. There is no one-size-fits-all model and<br />

each Member State must find whichever one best suit its circumstances.<br />

– Finally, the debates reveal that there are considerable expectations placed on European<br />

Institutions, which are called upon to get more involved in these issues.<br />

The aim of this hearing was to listen, and it is too soon for me now to make comments on the<br />

ideas and proposals that some of you have put forward today. I have taken note of this call for greater<br />

European involvement on these issues. The Commission is prepared to play its role in fostering a<br />

culture of reconciliation based on the respect of fundamental rights.<br />

To avoid any misunderstanding, it is important to remember that the European Union cannot replace<br />

Member States in this task. As Vice-President Jacques Barrot stressed this morning, the European Union<br />

has very few powers in this area. The role of the EU is to facilitate this process <strong>by</strong> encouraging discussion,<br />

fostering the sharing of experience and best practices, and bringing the various players together.<br />

Many of the initiatives presented today are beyond the EU’s powers.<br />

That said, the Commission will be continuing the process set in motion <strong>by</strong> the Council declaration<br />

of April 2007. As you know, the Commission must report to the Council two years after the Framework<br />

Decision on Racism and Xenophobia enters into force.<br />

We will now analyse the debates and all the contributions received.<br />

It is therefore important for those who have not already done so to submit their written contributions<br />

before 15 May 2008. This will enable the Slovenian presidency to issue a publication on the subject.<br />

The Commission will examine how existing Community programmes can be further used to raise<br />

awareness of these issues across Europe.<br />

The Commission also intends to launch a study to gain a factual overview of the various methods,<br />

legislation and practices used in the Member States to deal with the issue of remembering <strong>totalitarian</strong><br />

<strong>crimes</strong>. We will contact you to gather all the necessary contributions and flesh out the ideas put forward.<br />

* Jonathan Faull, European Commission, Director General, Directorate-General for Justice, Freedom and Security. Summary of closing<br />

remarks before the Hearing on “Crimes <strong>committed</strong> <strong>by</strong> <strong>totalitarian</strong> <strong>regimes</strong>”, Brussels, 8 April 2008.<br />

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