Observing Memories Issue 5 - December 2021 | Page 36

EUROPE INSIGHT

Memory Laws in Europe :

What Common Horizon Are We Journeying Towards ?

Sébastien Ledoux Professor of History University of Paris 1 Panthéon-Sorbonne

Notwithstanding the fact that European states had already approved laws pertaining to their past , by introducing days of commemoration for instance , the phenomenon known as “ memory laws ” that first surfaced in the 1990s in several European countries marks both transnational movement within the continent , an unprecedented Europeanisation of practices and interpretations related to the past , but also – in a seemingly contradictory manner – a strengthening of national identities , and even of nationalist tendencies in certain countries reacting to transnational processes .

A comparative analysis of Europe ’ s states reveals a broad range of memory laws which , beyond this categorisation , actually corresponds to parliamentary acts of a very distinct nature . Let us first point out that the concept of “ memory law ” emerged in France in December 2005 amidst controversy surrounding several historians ’ condemnation of the French Parliament ’ s role in legislating on history . Said historians called for the abolition of four laws via the press . Firstly , the Gayssot Law that imposes criminal sanctions on those who contest the existence of crimes against humanity as defined by the International Military Tribunal in Nuremberg ( 1990 ). Secondly , the law recognising the Armenian genocide ( 2001 ). Thirdly , the law relating to the recognition of slave trade and slavery as crimes against humanity ( 2001 ), and , fourthly , the law on
1 the nation ’ s gratitude and the national contribution toward repatriated French citizens from North Africa 1 . Jean-Claude Gayssot , member of the French Communist Party ( PCF ) and was Minister of Transportation in the government of Lionel Jospin ( 1997 ( 2005 ). Since 2005 , the term “ memory law ” has -2002). He gave his name to the 1990 Gayssot Act repressing Holocaust denial and speech in favor of racial discrimination | Picture : La Depeche been employed in international speech to refer much
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Observing Memories Issue 5