53 Amendments of Atidzhe ALIEVA-VELI related to 2022/0400(COD)
Amendment 83 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In accordance with the case law1a of the Court of Justice of the European Union, the scope of the principle of equal treatment of men and women shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression. _________________ 1a Judgment of 30 April 1996, P. v S., C- 13/94; Judgment of 7 January 2004, K.B., C-117/01; Judgment of 26 June 2018, MB, C-451/16
Amendment 86 #
Proposal for a directive
Recital 3
Recital 3
(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU and the Charter of Fundamental Rights and derived from Directives 2006/54/EC58 and 2010/41/EU59 . _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).
Amendment 90 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2000/43/EC60 of the Council and Directive 2004/113/EC61 of the European Parliament and the Council also provide for the designation of equality bodies. for the promotion, analysis, monitoring and support of equal treatment of all persons, without discrimination on grounds of sex, race or ethnic origin. _________________ 60 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 61 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37).
Amendment 93 #
Proposal for a directive
Recital 9
Recital 9
(9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences, structures, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another. Levels of discrimination remain high, victims’ awareness of their rights remains low and underreporting is still a considerable problem. Public awareness about and knowledge of discrimination remain limited and a lack of sufficient powers and resources hampers equality bodies’ ability to assist victims effectively or to prevent and address the development of new forms of discrimination based on gender identity, health or socio-economic status or resulting from developments in technology.
Amendment 100 #
(12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directivand the competences of equality bodies.
Amendment 101 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Equality bodies’ action to ensure the application of the principle of equal opportunities and equal treatment of men and women should include grounds of discrimination such as gender, gender identity, gender expression and those listed in article 21 of the Charter of Fundamental Rights such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, as well as intersectional discrimination.
Amendment 107 #
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 instersectional 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.
Amendment 112 #
Proposal for a directive
Recital 16
Recital 16
(16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external 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 or seeking instructions directly from the government. Any permanent or temporary staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, or deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. The transparency in this process can be ensured, for example, by publishing vacancy notices publicly. 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.
Amendment 120 #
Proposal for a directive
Recital 17
Recital 17
(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should ensure thatguarantee the autonomy of equality bodies in the determination of their internal structure of equality bodiesin a way that allows the independent exercise of their various competences. Particular attention should be paid to situations where bodies are required both to be impartial and to offer support to victims. This is particularly relevant where the equality body holds binding decision- making powers requiring impartiality or is part of a multi-mandate body where another mandate requires impartiality. An internal structure ensuring a strict separation between the relevant competences and tasks should guarantee that the equality body can effectively exercise them.
Amendment 131 #
Proposal for a directive
Recital 19
Recital 19
(19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore have access to qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards their compliance with non-discrimination rules on the other hand. Particular attention should be devoted to equipping equality bodies with appropriate digital resources, training and expertise, be it directly or by way of subcontracting. Automated systems should comply with accessibility requirements for persons with disabilities in accordance with Annex I of Directive (EU) 2019/882.
Amendment 137 #
Proposal for a directive
Recital 20
Recital 20
(20) Equality bodies, alongside other actors, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, tequality bodies should be empowered to carry out activities to prevent discrimination and to promote equal treatment. They should promote equality duties, good practices, positive action and equality mainstreaming among public and private entities, and provide them with relevant training, information, advice, guidance and support, without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the social partners. They should communicate with public and private entities and groups at risks of discrimination in order to ensure an intersectional approach and to combat underreporting and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies.
Amendment 147 #
Proposal for a directive
Recital 22
Recital 22
(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways, including orally, in writing and online and through a designated representative. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants and alleged perpetrators. _________________ 70 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 157 #
Proposal for a directive
Recital 26
Recital 26
(26) On the basis of the evidence gathered, either voluntarily or through an investigation, equality bodies should be empowered to provide their assessment to the complainant and the alleged perpetrator. Member States should determine the legal value of this assessment that can be a non- binding opinion or a binding enforceable decision. Both should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. To ensure the effectiveness of equality bodies’ work, Member States should adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.
Amendment 167 #
Proposal for a directive
Recital 31
Recital 31
(31) Equality bodies should also be able to submit oral or written statements to the courts as third-party interventions - e.g. amicus curiae – as a lightern additional way to support cases with their expert opinion.
Amendment 168 #
Proposal for a directive
Recital 32
Recital 32
Amendment 173 #
Proposal for a directive
Recital 35
Recital 35
(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for Member States to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their health or socio-economic status, theirage, disability, their literacy, nationality, membership of a national minority, language, residence status, remote and rural geographic locations or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.
Amendment 177 #
Proposal for a directive
Recital 36
Recital 36
(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for all complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, easy-to-use digital tools and solutions, the organisation of local campaigns or ,cooperation with local delegates orand civil society organisations, and the creation of partnerships with labour and educational inspectorates, social partners and companies.
Amendment 188 #
Proposal for a directive
Recital 38
Recital 38
(38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with relevant public and private entities at local, regional, national, Union and international level, such as civil society organisations, EU agencies, data protection authorities, trade unionsocial partners, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, national statistical offices, authorities managing Union funds, National Roma Contact Points, consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified).
Amendment 195 #
Proposal for a directive
Recital 40
Recital 40
(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse disaggregated data on their own activities or conduct surveys and should be able to accessand commission surveys, reports and research and should be able to access, in an easily accessible format, and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unionsocial partners or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data. e personal data collected shall be anonymised and, where not possible, pseudonymised. _________________ 75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.
Amendment 204 #
(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report, based on the information received from Member States and additional relevant data collected at national and Union level, in particular from stakeholders, and by the European Union Agency for Fundamental Rights, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected. This monitoring should not involve the processing of personal data.
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU, Charter of Fundamental Rights and derived from Directives 2006/54/EC and 2010/41/EU.
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The application of the principle of equal treatment shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression as derived from the case law of the Court of Justice of the European Union.
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Directive is without prejudice to the more specific provisions contained in Directive 2023/970/EU.
Amendment 238 #
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 a board managing the equality body, in order to guarantee their competence and independence.
Amendment 244 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall ensure thatguarantee the autonomy of equality bodies in the determination of appropriate safeguards are in place, in particular in their internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims.
Amendment 248 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that appropriate safeguards are in place in the internal structure and operation of multi- mandate bodies to guarantee the autonomouseffective exercise of the equality mandate.
Amendment 252 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that each equality body has budgetary and financial autonomy and is provided with the human, material, 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 special expertise in developing areas with the potential for discrimination such as the use of automated systems.
Amendment 265 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, young people, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services;
Amendment 268 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) ensure thate conditions for equality bodies to engage in the prevention of discrimination and in the promotion of equal treatment, and guarantee independence for equality bodies in adopting a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, ensure an intersectional approach in combatting multiple discrimination as well as underreporting, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.
Amendment 278 #
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 health or socio-economic status, age, disability, literacy, nationality, residence statusmembership of a national minority, language, residence status, remote and rural geographic locations, or their lack of access to online tools.
Amendment 287 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 293 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Equality bodies shall provide assistance to victims, or their designated representatives, initially by informing them on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 298 #
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Equality bodies shall issue a preliminary assessment of a complaint on the basedis onf information voluntarily submitted by the parties involved. Member States shall or handed over upon request. Member States shall ensure that equality bodies define the precise modalities under which the equality body will issue such preliminary assessment, ensuring that they contribute to a simple and rapid handling of complaints.
Amendment 314 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
In particular, that framework shall provide equality bodies with effective rights to access information and documents which isare necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies for that purpose such as labour inspectorates.
Amendment 318 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States mayshall also provide that the alleged perpetrator and any third party is legally bound to provide any information and documents requested by equality bodies. Equality bodies shall act with due regard towards the confidentiality of all information and documents received.
Amendment 332 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that equality bodies have the right to act in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 53, without prejudice to national rules on the admissibility of actions.
Amendment 337 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Article 8(4)a;
Amendment 339 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the right of the equality body to submit observations to the court as a third- party intervention such as amicus curiae;
Amendment 350 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination or in order to defend the public interest in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.
Amendment 361 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8, 8a and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants and alleged perpetrators.
Amendment 364 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Decisions referred to in Article 8(4)a shall be subject to judicial review, in accordance with national law and practice.
Amendment 365 #
Proposal for a directive
Article 11 – title
Article 11 – title
Amendment 366 #
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 and ensure that there are no barriers to submission of complaints or to assistance of victims.
Amendment 367 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that equality bodies provide all their services at no cost to complainants, throughout their territory, including in rural and remote areas. Member States shall ensure attention is paid to specific territorial characteristics, such as those of outermost regions and regions suffering from severe and permanent natural or demographic handicaps, such as northernmost regions with very low population density, islands, cross-border and mountain regions. Member States shall ensure that equality bodies offer tailor-made solutions to provide their services to all complainants such as mobile offices, itinerant solutions, digital tools and platforms.
Amendment 371 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure accessibility, including in accordance with Directives (EU) 2016/2102 and (EU) 2019/882, and provide reasonable accommodation for persons with disabilities to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlementsubmission and handling, alternative dispute resolution mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 375 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies, without prejudice to their independence, have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies of other Member States, including in the framework of the European Network of Equality Bodies (Equinet), and with relevant public and private entities, including civil society organisations, relevant EU agencies, social partners, labour and education inspectorates at national, regional, local level as well as in other Member States and at Union and international level.
Amendment 389 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that equality bodies can access in an accessible format statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unionsocial partners, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c).
Amendment 391 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall allow equality bodies to make recommendations on which data is to be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, trade unionsocial partners, companies and civil society organisations, and require feedback from the authorities concerned. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.
Amendment 395 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall ensure that equality bodies may conduct independent surveys, reports and research concerning discrimination. They shall also ensure that equality bodies can commission such studies and reports.
Amendment 398 #
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) publish a report, with recommendations, ensuring an intersectional approach, at least every four years, on the state of equal treatment and discrimination, including potential structural issues, in their Member State.
Amendment 408 #
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 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 and equality bodies, including the European Network of Equality Bodies (Equinet). Those indicators shall cover the resources, independent functioning, activities, accessibility and effectiveness of equality bodies, as well as evolutions in their mandate, powers, appointments or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.
Amendment 415 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). The Commission shall issue recommendations as part of the European Semester framework if it identifies shortcomings in Member States' equal treatment and discrimination policies.
Amendment 418 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the matters covered by this Directives 2006/54/EC, 2010/41/EU and 2023/970/EU.