Activities of Łukasz KOHUT related to 2022/0400(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council Standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU
Amendments (17)
Amendment 97 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The Court of Justice has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex.
Amendment 102 #
Proposal for a directive
Recital 15
Recital 15
(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to multiple and intersectional discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU acknowledging that discrimination often affects persons on more than one ground, which creates specific disadvantage. Provisions relating to intersectional discrimination in the proposed Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms should be taken into account in the implementation of this Direcitive.
Amendment 145 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking instructions from the government.
Amendment 149 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government in order to preserve their nature as independent bodies.
Amendment 150 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, for example by consulting experts during the process for selecting staff. Those rules and safeguards shall concern, in particular, persons holding a managerial positions, for example members of boards managing equality bodies, heads of equality bodies, deputy heads of equality bodies or interim heads of equality bodies, where applicable, in order to guarantee their equality bodies’ competence and independence from any kind of external or internal interference.
Amendment 151 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, in order to guarantee their competence, impartiality and independence, in particular with regard to avoiding any interference from the goverment.
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, including members of governing or management boards, where applicable, in order to guarantee their competence and independence.
Amendment 153 #
2. Member States shall provide for transparent and clear rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, in order to guarantee their competence and independence.
Amendment 158 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that appropriatedequate and sufficient safeguards are in place in the internal structure of multi- mandate bodies to guarantee the autonomous exercise of the equality mandate.
Amendment 160 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Member States shall ensure that the training needs of personnel of supervisory authorities on non- discrimination and fundamental rights are supported through collaboration with equality bodies and other relevant national authorities or bodies which supervise the application of Union fundamental rights law, including within the area of algorithmic discrimination.
Amendment 169 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a strategy in the consultation with representives of civil society, and social partners to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services; the strategy shall include information campaigns using different communication tools, including social media;
Amendment 175 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, health condition, literacy, nationality, ethnicity, residence status or their lack of access to online tools.
Amendment 176 #
Proposal for a directive
Article 6 – title
Article 6 – title
Assistance to victims and persons who have experienced discrimination
Amendment 186 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article6a The obligations placed on Member States and the tasks of equality bodies under this Directive in relation to assistance to victims shall be considered in conjunction with the Member States’ obligations and the victims’ rights set out in Directive 2012/29/EU.
Amendment 226 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, and promote these crossborder cooperation projects within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies in other countries in the framework of Equinet, the European Network of Equality Bodies and with relevant public and private entities, including civil society organisations, at national, regional, local level as well as in other Member States and at Union and internatinternational in particular at Unional level.
Amendment 231 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall ensure that equality bodies may conduct independent surveys concerning discrimination, also by using expert support provided by the competent Member States and EU bodies dealing with disrimination such as the European Union Agency for Fundamental Rights or the European Institute for Gender Equality.
Amendment 248 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [182 months] at the latest. They shall immediately inform the Commission thereof.