Memory is but the Slave To purpose? — On the Selective Uses of Holocaust Memory in European Law Making
摘要
This article explores the significance of Holocaust memory in current European law making. Its starting point lies in the observation that references to the Holocaust are being deployed by the European Commission as arguments for imposing new legislation on hate speech and incitement to hatred in the member states. The main point, however, is that the official collective memory is playing a subtle but important role in the articulation of common European values. In the official narrative on European values, the Shoah works as a moral and historical point of departure — a raison d’être for the European Union (EU). In turn, this historical reference point provides arguments for further legislation and justifies the EU’s constitutional supremacy. This article both describes and criticises the European Holocaust memory regime and its origins. It also analyses the memory regime’s connection to the realm of law and legal principles, such as human rights and the rule of law.