12 Amendments of Tudor CIUHODARU related to 2022/0400(COD)
Amendment 105 #
Proposal for a directive
Recital 16
Recital 16
(16) Equality bodies can only effectively play their role if they are able to take decisions and act with complete independence without being subject to any external influence, and especially political influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities, in accordance with their national priorities in correlation with European priorities.
Amendment 109 #
Proposal for a directive
Recital 18
Recital 18
(18) The lack of appropriate resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire qualified staffstaff appropriately qualified to fulfil the tasks for which they are responsible, and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable, except in case ofthe event of an increase in competences and hence in the staff at the organisation, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with sufficient resources, their budget should for instance not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, their annual growth should at least be pegged to the average growth in funding to other entities. Resources should increase proportionally if equality bodies’ tasks and mandate are expanded.
Amendment 121 #
Proposal for a directive
Recital 27
Recital 27
(27) To promote their work and equality law and to better publicise their activities, equality bodies should be able to publish a summary of their opinions and decisions without disclosing personal data.
Amendment 123 #
Proposal for a directive
Recital 29
Recital 29
(29) Legal standing allows equality bodies to act on behalf or in support of victims, allowing them to access justice where procedural and financial barriers or a fear of victimisation often deters them. Legal standing also allows equality bodies to strategically select the cases they decide to pursue in front of national courts, and to contribute to the proper interpretation and application of equal treatment legislation, as well as to the regular supplementing and improvement of existing legislation.
Amendment 146 #
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, and especially political influence, in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.
Amendment 155 #
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, promotion, 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 170 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a strategy to regularly inform and 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;
Amendment 219 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all citizens, associations and other interested public or private organisations, and ensure that there are no barriers to submission of complaints.
Amendment 221 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure accessithat equality bodies have the qualified staff needed to enable access and co-working with persons with disabilityies and provide reasonable accommodation for such persons with disabilities to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 228 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
They shall ensure that equality bodies have the right to make recommendations on those matters, to publish them and to requireest feedback from the authorities concerned, and to make proposals to improve and update existing equality legislation in line with societal developments.
Amendment 232 #
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 and have the necessary human and financial resources to carry out such studies.
Amendment 236 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, by means of an implementing act, establish a list of common indicators at European level to measure the practical effects of this Directive. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. Those indicators shall cover the resources, independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.