The
European Union's executive Commission proposed a European Union wide anti-racism xenophobia law in 2001, which included the criminalization of Holocaust denial. On July 15, 1996, the
Council of the European Union adopted the Joint action/96/443/JHA concerning action to combat racism and xenophobia.
[44][45] During the German presidency there was an attempt to extend this ban.
[46] Full implementation was blocked by the
United Kingdom and the
Nordic countries because of the need to balance the restrictions on voicing racist opinions against the freedom of expression.
[47] As a result a compromise has been reached within the EU
and while the EU has not prohibited Holocaust denial outright, a maximum term of three years in jail is
optionally available to all member nations for "denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes."
[48][49]
The EU extradition policy regarding Holocaust denial was tested in the
United Kingdom(UK) during the 2008 failed extradition case brought against the suspected Holocaust denier
Frederick Toben[50] by the German government.
As there is no specific crime of Holocaust denial in the UK the German government had applied for Toben's extradition under racial and xenophobic crimes. Toben's extradition was refused by the
Westminster Magistrates' Court and the German government withdrew its appeal to the High Court.