“In recent times, the European Union (EU) has witnessed a sharp rise in hate speech and hate crime, yet EU law criminalises such conduct only if related to a limited set of protected characteristics, such as race and ethnicity. The Commission, with the support of the Parliament, seeks to address this limitation by extending the list of ‘EU crimes’ included in Article 83 of the Treaty on the Functioning of the European Union (TFEU), to cover hate speech and hate crime. This can only be done by a Council decision adopted by unanimity, with the Parliament’s consent.”
https://www.europarl.europa.eu/thinktank/de/document/EPRS_ATA(2022)733520