33 Amendments of Cyrus ENGERER related to 2022/0400(COD)
Amendment 139 #
Proposal for a directive
Article 2 – title
Article 2 – title
Designation of equality bodiesfinition and Structure
Amendment 141 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Equality bodies may form part of agencies with responsibility at national level for the defence of human rights or the safeguarding of individuals' rightprotection and safeguarding of human rights. Such structure shall ensure the visibility and involvement of the equality body at all stages and shall allow for full transparency and accountability in the process.
Amendment 147 #
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 andfully autonomous and independent. They must be free from external influence in performing their tasks and exercising their competences, in particular as regardsly in terms of their legal structure, accountability, budget, staffing, and organisatdecisional matterking processes.
Amendment 148 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
Equality bodies shall be completely distinct and free, structurually, methodologically and legally, from any ministerial, governmental or related entities or bodies.
Amendment 154 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide for transparentcy 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 positionboard members, those in managerial position, and other decision making players, in order to guarantee their competenceautonomy and independence.
Amendment 156 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall ensure that the appropriate safeguardchecks and balances are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of all their competences whilst still encouraging coherence, notably where some require impartiality and others focus on support to victims.
Amendment 161 #
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 and expert 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. Nevertheless, the making available of such resources to equality bodies does not in any way create any obligation, whether implicit or direct, on the equality body towards the Member State, its government or ministerial entity providing such resources.
Amendment 168 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a national strategy 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 role and the accessibility of the different equality bodies and their services. This national strategy shall include, but is not limited to, a plan of circulation of information, advice, training, support and guidance, to individuals of all ages, and institutions, both private and public;
Amendment 171 #
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 national strategy defoutlining howthe steps theyat will be taken to engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, anddress intersectional discrimination, promote equality duties and policies, equality mainstreaming and positive action amongin the public and private entitiesectors, amongst others.
Amendment 172 #
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) Equality bodies shall also be able to conduct research on discrimination, including structural, systemic and intersectional discrimination, as well as online discrimination, including discrimination resulting from algorithims.
Amendment 178 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 (new)
Article 6 – paragraph 1 – subparagraph 1 (new)
"Assistance" shall refer also to any emotional and legal support, or other means that a victim of discrimination may require.
Amendment 180 #
Equality bodies shall provide assistance to victims, initially by informing them on the legal framework and their rights therein, 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 182 #
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 184 #
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8 and 9. Should the complaint not be pursued further, a detailed explanation shall be made available to the complainant.
Amendment 187 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution to their dispute, outside of court. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity, in which case the equality body may formulate observations to that entity. Engaging in such a process shall not prevent the parties from exercising their right of access to court.
Amendment 190 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that where, following a complaint or on tEquality bodies shall be able to receive, examine, heiar own initiative, equality bodies consider that the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU may have been breached, those bodies are empowered to further investigate the caseand conciliate individual and collective complaints of discrimination and make decisions on those complaints based on the relevant legislation.
Amendment 191 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shall provide for a framework which enables equality bodies to carry out fact-finding investigations, whether upon a complaint or of their own initiative upon reasonable suspicion, in order to ensure that all facts of the case are taken into account for the purposes of their final decision.
Amendment 193 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 a (new)
Article 8 – paragraph 2 – subparagraph 2 a (new)
Public and private entities, and any other concerned third parties, and the alleged perpetrator, shall have a duty to cooperate with equality bodies in their investigations and fact finding by providing the requested information, without prejudice to the data rights of every individual.
Amendment 194 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 b (new)
Article 8 – paragraph 2 – subparagraph 2 b (new)
Equality bodies shall have the ability to impose sanctions or other form of penalty in the case that the evidence and/or relevant information requested is not provided to them without a justifiable reason based in law such as matters concerning personal data.
Amendment 195 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 199 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions. Member States shall also ensure that national law provides for a right to appeal before the courts against legally binding final decisions issued by the equality body.
Amendment 201 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
Equality bodies shall publish summaries of their full opinions and decisions, without disclosing personal data.
Amendment 203 #
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 matterstribunals and any other adjudicatory bodies or 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 5, without prejudice to national rules on the admissibility of actions.
Amendment 204 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The right to act in court proceedings shall include, but is not limited to:
Amendment 206 #
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, administrative tribunals and/or any other adjudicatory body as amicus curiae;
Amendment 208 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the right of the equality body to initiate or participate in proceedings in its own name, or on behalf or in support of one or several victims; i, in particular in order to address structural or systemic discrimination, including online. In this case, the approval of the victims shall be necessary.
Amendment 210 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 213 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 227 #
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, within their respective fields of competence, with other equality bodies within the same Member State, 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 international level. Such cooperation shall not allow for the sharing of personal data.
Amendment 234 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall ensure that equality bodies may conduct independent surveys concerningand research concerning all forms of discrimination.
Amendment 235 #
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) publish a report, with recommendations, at least every fourtwo years, on the state of equal treatment and discrimination, including potential structural or systemic issues, in their Member State.
Amendment 244 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that equality bodies may collect personal data only where explicitly necessary for the fulfilment of athe tasks under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.
Amendment 246 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that when equality bodies process special categories of personal data, namely within the meaning of Regulation (EU) 2016/679, such as data on racial or ethnic origin, religion or belief, disability or sexual orientation,, sexual orientation, sex life, health, biometric or genetic data, it shall be carried out in full compliance with Article 9 of Regulation (EU) 2016/679, and that suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject in accordance with Article 9(2)(g) of Regulation (EU) 2016/679.