29 Amendments of Margarita DE LA PISA CARRIÓN related to 2022/0400(COD)
Amendment 82 #
Proposal for a directive
Recital 2
Recital 2
(2) Pursuant to Article 157(3) TFEU, the European Parliament and the Council shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. Does not affect the English version.) Or. es Justification
Amendment 84 #
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 independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59. In accordance with its legal basis, for the purposes of this Directive, equality shall mean the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. _________________ 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. 23–36). 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)–6.
Amendment 97 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The minimum standards laid down in this Directive allow Member States to determine the specific form and involvement of equality bodies within the framework of the powers of the state, in accordance with the specific characteristics of the respective Member States, while respecting the common criteria laid down in this Directive;
Amendment 109 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a.) The work of equality bodies must take into consideration, based on the economic and social structure of each Member State, the particular circumstances of small and medium-sized enterprises. The situation of self-employed workers should be treated likewise in terms of their structure;
Amendment 121 #
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 that the internal structure of equality bodies 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.Does not affect the English version.)
Amendment 122 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Equality bodies need to contribute to the common good within the framework of the branches of government – legislative, executive and judicial – in a representative democracy. To this end, an appropriate accountability regime must be put in place to ensure that equality bodies pursue the aims of this Directive;
Amendment 124 #
Proposal for a directive
Recital 18
Recital 18
(18) The lack of appropriatebalanced 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 sufficientbalanced funding, can hire qualified staff 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 of increase in competences, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigationbalanced and planned on a multi-annual basis. To ensure that equality bodies are provided with sufficientbalanced 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 expandedResources of equality bodies should ensure the latter's efficient functioning. The multiplication of equality bodies in the same Member State is not considered to be good practice.
Amendment 127 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to ensure the independence of equality bodies, they must avoid any political bias, manipulation or ideologisation of their functions in their actions and respect the common criteria set out in this Directive;
Amendment 128 #
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) Resources intended for the execution of the work of equality bodies must be optimised in order to effectively and efficiently serve the objectives established in this Directive. To this end, the work of equality bodies must be subject to transparency checks;
Amendment 129 #
Proposal for a directive
Recital 18 c (new)
Recital 18 c (new)
(18c) In particular, the optimisation of resources may be carried out through appropriate cooperation between equality bodies and the labour inspectorate;
Amendment 132 #
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 appropriatebalanced digital resources, be it directly or by way of subcontracting. The due digitalisation of equality bodies should increase their efficiency.
Amendment 171 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) In particular, the right to the presumption of innocence, a fundamental pillar of the rule of law, must be respected. The Member States shall, in accordance with their national legal framework, determine the appropriate procedural guarantees to be applied in cases of potential infringements of the principle of equality;
Amendment 197 #
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 actionensuring equal opportunities, 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 data on their own activities or conduct surveys and should be able to access 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 unions 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. _________________ 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 206 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) The equality bodies must not restrict entrepreneurship or the development of quality employment in the different production sectors.
Amendment 208 #
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) Equality bodies must not restrict the development of collective bargaining between the social partners. Where there is agreement between the social partners, the equality bodies shall assume that there has been no discrimination within the meaning of this Directive.
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. For the purposes of this Directive, equality means the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Member States shall take into account the special status of self- employed people and small and medium- sized enterprises when it comes to the tasks assigned to equality bodies.
Amendment 222 #
The Member States shall determine the specific form and place of equality bodies within the structure of the powers of the state, in accordance with the criteria laid down in this Directive.
Amendment 250 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The Member States shall determine the accountability arrangements of the equality bodies, preferably including judicial review of the equality bodies’ decisions.
Amendment 254 #
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 and efficiently, 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.
Amendment 260 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Member States need to optimise the resources earmarked for the performance of the equality bodies’ activities.
Amendment 261 #
Proposal for a directive
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. The equality bodies’ activities shall be subject to transparency monitoring, including as regards the efficient allocation of their resources.
Amendment 271 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, and promote equality duties, and equality mainstreaming and positive action opportunities mainstreaming among public and private entities.
Amendment 281 #
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, literacy, nationality, residence status or their lack of access to online tools.
Amendment 283 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
The Member States shall observe the principles of proportionality and efficiency to ensure that the effects of the equality bodies’ prevention, promotion and awareness-raising strategies are not excessive.
Amendment 320 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The principle of the presumption of innocence of an alleged perpetrator of an infringement of the equality principle shall be guaranteed.
Amendment 349 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where their national law allows, 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 in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.
Amendment 379 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The equality bodies must not restrict entrepreneurship or the development of quality employment in the different production sectors. Nor must they restrict the development of collective bargaining between the social partners. Where there is agreement between the social partners, the equality bodies shall assume that there has been no discrimination within the meaning of this Directive.
Amendment 416 #
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. That report shall also include the practices carried out by equality bodies outside the European Union.