Dinamica „infracțiunilor de ură” în ecosistemul discriminării și a factorilor care influenţează investigarea actelor induse de motive discriminatorii în logica jurisprudenței CEDO și a perspectivelor academice. Set de date nr. 1: „neîncălcare”
The dynamics of “hate crimes” in the ecosystem of discrimination and the factors influencing the investigation of acts induced by discriminatory motives in the logic of ECHR jurisprudence and academic perspectives. Dataset no. 1: “non-violation”

Summary/Abstract: Academic research on hate crimes has highlighted numerous criticisms related to conceptual and institutional difficulties in recognizing discriminatory motivations. These include the ambiguity of definitions, tensions between the criminalization of hate and the protection of individual freedoms, but especially institutional obstacles such as the burden of proof and excessive evidentiary standards. The case law of the European Court of Human Rights (ECHR) provides an essential but controversial benchmark. The Court does not use fixed terminology for "hate crimes," but resorts to variable formulas – "incidents triggered by attitudes suspected of discrimination," "discriminatory motives," or "crimes motivated by prejudice" – reflecting a fluid but fragmented conceptual approach. An examination of ECHR case law in which no violation of Article 14 has been found reveals recurring patterns that limit the explicit recognition of discrimination in cases involving hate crimes. These patterns manifest themselves in the form of evidentiary inflation, through the application of an excessively high standard of proof; the decoupling of facts from discriminatory motives, by privileging individual circumstances over the structural context; the formal validation of investigations, even when they are superficial or do not examine discriminatory motivation; and the acceptance of alternative explanations that neutralize suspicions of discrimination. Overall, these patterns highlight the fact that Article 14 remains subsumed under the evidentiary and procedural framework, with the finding of causality with racist motivation being exceptional. However, a complete assessment of these results requires overlap with ECHR case law finding violations of Article 14 in order to capture the limits and real potential of this normative guarantee at the European level.

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