Özet:

Boyer law which was legislated in the French parliament is legallyparadoxical. The rationale behind the law, namely the French legislation’sadaptation of the EU Framework Decision on Combating Racism andXenophobia, is groundless. One reason is the deficiency of the Boyer law in termsof the EU Framework Decision. Moreover, Decision recognizes the institutionaland legal statute defined by the “The Convention on the Prevention andPunishment of the Crime of Genocide”. Boyer law contradicts not only theliabilities of France towards the EU but also the European Convention on HumanRights, i.e. Article 10 on the freedom of expression. As Accoyer reports clearlyindicates Boyer law is also in contradiction with the French Constitution. Thus,the application of the members of the Senate and the Parliament to the FrenchConstitutional Court to review the law could result in the annulment of the law inwhole or in part. If not, and the law enters into force and implemented, the legalprocess could be taken to the European Court of Human Rights

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